MOUNDSVILLE – A Brooke County man formerly employed by a Marshall County coal mine alleges he was wrongfully terminated.

Franco Pinacchio filed a complaint Sept. 11 in Marshall Circuit Court against Murray Energy Corp., The Marshall County Coal Co., Eric Grimm, Jason Adkins, Eric Koontz and Jeffrey Crowe alleging that they violated the West Virginia Human Rights Act.

According to the complaint, the plaintiff sustained an off-duty knee injury in July 2015 and was unable to perform his job as an assistant shift foreman. The suit states he remained off work and was terminated in a meeting with Grimm, Adkins, Koontz and Crowe. The plaintiff alleges he was terminated because he exercised his rights to personal/medical leave.

The plaintiff holds Murray Energy Corp., The Marshall County Coal Co., Grimm, Adkins and Crowe responsible because the defendants allegedly discriminated against him because of his disability and terminated his employment in retaliation for his utilizing fringe benefits related to medical coverage.

The plaintiff requests a trial by jury and seeks compensatory and punitive damages, plus interest, attorney's fees, costs and all further relief as the court may deem appropriate. He is represented by Nicholas A. Wininsky of Wininsky Law Offices in Pittsburgh, Pennsylvania. The case has been assigned to Circuit Judge David W. Hummel Jr.

Marshall Circuit Court case number 17-C-183

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