RIPLEY – A Jackson County man is seeking reinstatement to his job with a tree trimming company after he alleges he was terminated for taking medical leave to care for his son.
Robert Moore filed a complaint Oct. 30 in Jackson Circuit Court against Asplundh Tree Expert Co. alleging that the former employer violated the West Virginia Human Rights Act and the Family and Medical Leave Act.
According to the complaint, the plaintiff began working for the defendant in June 2014 and had also previously worked for the defendant at various times. In April, the suit states the defendant took four days off from work to care for his disabled son. The suit states the plaintiff was never informed of his FMLA rights and was fired when he returned to work.
The plaintiff holds Asplundh Tree Expert Co. responsible because the defendant allegedly unlawfully interfered with his with his FMLA rights and retaliated and terminated his employment for exercising his rights under the FMLA regulations.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, plus liquidated damages equal to his back pay and interest, attorney's fees, costs and any further relief as the court may deem appropriate. He is represented by Kristina Thomas Whiteaker and David L. Grubb of The Grubb Law Group in Charleston. The case has been assigned to Circuit Judge Lora Dyer.
Jackson Circuit Court case number 17-C-112