CLARKSBURG – A man is suing Central Supply Company of West Virginia for wrongfully terminating his employment because he was on medical leave for one week.
Patrick Scott Tucker was also named as a defendant in the suit.
Robert E. Johnson worked for Central Supply for nearly 20 years and left its employ in 2011, according to a complaint filed Sept. 19 in Harrison Circuit Court and removed to federal court on Oct. 20.
Johnson claims he was then re-hired as a fork truck operator on Feb. 15, 2012, and, in early August 2016, his physician excused him from work for approximately one week due to chest pain thought to be a serious heart condition, but which turned out to be stress-induced.
On Aug. 19, 2016, Johnson was called to the main office to meet with Beth Nuzum in Human Resources and was informed that his position was being terminated and that it was his last day, according to the suit.
Johnson claims the defendants did not eliminate his position and instead, immediately placed another employee into his position upon his termination.
The defendants caused Johnson to suffer serious losses and damages, including lost wages and/or back pay, lost benefits, financial distress, fear, humiliation, embarrassment, anxiety, depression and emotional distress, according to the suit.
Johnson claims the defendants retaliated against him because of his medical leave.
Johnson is seeking compensatory damages. He is being represented by James L. Lindsay and Erika Klie Kolenich of Klie Law Offices.
The defendants are represented by Richard M. Wallace and J. Todd Bergstrom of Littler Mendelson.
The case is assigned to District Judge Irene Keeley.
U.S. District Court for the Southern District of West Virginia case number: 1:17-cv-00179
