CHARLESTON – A Kanawha County man alleges he was terminated from his job at a Walmart store while he was out on medical leave.

Brian Duty filed a complaint Oct. 18 in Kanawha Circuit Court against Wal-Mart Stores East LP alleging violation the West Virginia Workers' Compensation Act and the West Virginia Human Rights Act.

According to the complaint, the plaintiff alleges that on Nov. 1, 2016, he was involuntary terminated from his employment with the defendant while he was off work due to work-related knee injury. The suit states he worked at the Quincy Walmart and was injured Oct. 8 while loading boxes onto shelves.

The plaintiff holds Wal-Mart Stores East LP responsible because the defendant allegedly failed to provide reasonable accommodation and terminated his employment due to his injury and for attempting to receive workers' compensation benefits.

The plaintiff requests a trial by jury and seeks compensatory, general and punitive damages, plus interest, litigation costs and all other legal and appropriate relief that the court may award. He is represented by Robert B. Warner and Phillip Estep of Warner Law Offices PLLC in Charleston. The case has been assigned to Circuit Judge Joanna Tabit.

Kanawha Circuit Court case number 17-C-1433

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