Former Merry X-Ray Chemical employee files suit over termination

By Louie Torres | Nov 8, 2017

WINFIELD – A man alleges he was subjected to retaliatory discharge by his Putnam County employer after he filed a claim for workers' compensation benefits.

Brian Alford filed a complaint Oct. 4 in Putnam Circuit Court against Merry X-Ray Chemical Corp. citing the West Virginia Human Rights Act.

According to the complaint, the plaintiff was employed by the defendant for 18 years. He alleges that during his employment, he suffered various physical ailments and was involved in an auto accident while working, which led him to file a workers' compensation claim. The suit states he returned to work after the collision in January 2016 and that he was terminated via lay off the following month. 

The plaintiff holds Merry X-Ray Chemical Corp. responsible because the defendant allegedly discharged the plaintiff because of his disability as defined by the WVHRA.

The plaintiff requests a trial by jury and seeks damages, lost wages, benefits, back pay, front pay, interest, court costs and any further relief the court grants. He is represented by Paul L. Frampton Jr. of Atkinson & Polak PLLC in Charleston.

Putnam Circuit Court case number 17-C-199

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