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Injured worker accuses coal services company of wrongful termination

WEST VIRGINIA RECORD

Sunday, November 24, 2024

Injured worker accuses coal services company of wrongful termination

Wrongful term 11

CHARLESTON — A Logan County man is suing a Kanawha County coal services business alleging retaliation, violation of the Family and Medical Leave Act, and wrongful termination.

Randall Brewer filed a complaint Sept. 28 in Kanawha Circuit Court against Elite Coal Services LLC, alleging the defendant terminated his employment after he received workers' compensation benefits.

According to the complaint, Brewer injured his rotator cuff in 2016 while performing his duties at work and began receiving workers' compensation benefits. However, the suit says, Brewer was terminated upon his return to work in August 2016. 

The plaintiff alleges Elite Coal Services terminated his employment in retaliation after he received disability benefits.

Brewer seeks trial by jury, and seeks damages, lost wages, benefits, back pay, front pay, punitive damages, interest, court costs and all further relief the court grants. He is represented by attorneys Paul L. Frampton, Jr. of Atkinson & Polak, PLLC in Charleston and Matthew M. Hatfield of Hatfield & Hatfield, PLLC in Madison.

Kanawha Circuit Court case number 17-C-1346

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