Utility worker alleges Bandmill Coal wrongfully terminated him

By Philip Gonzales | Dec 12, 2017

LOGAN – A Kanawha County man alleges his former coal quarrying and extraction operator employer wrongfully terminated him after filing a discrimination complaint.

Anthony Cosby filed a complaint Nov. 2 in Logan Circuit Court against Bandmill Coal LLC alleging that the coal quarrying company violated the West Virginia Human Rights Act.

According to the complaint, the plaintiff is African-American and began working for the defendant in October 2011 as a coal/utility worker. He alleges he was subjected to hostile and offensive conduct from supervisors and co-workers because of his race and filed a complaint with the West Virginia Human Rights Commission in March 2016. The suit states the plaintiff was suspended for 10 days with "no justifiable basis" in December 2016 and he was terminated Feb. 27.

The plaintiff holds Bandmill Coal LLC responsible because the defendant allegedly failed to provide him with a work environment free of hostility and wrongful discrimination.

The plaintiff requests a trial by jury and seeks back pay, front pay, including all benefits to which he is eligible, punitive damages, pre- and post-judgment interest and all other just and proper relief. He is represented by Robert H. Miller II of the Sutter Law Firm PLLC in Charleston. The case has been assigned to Circuit Judge Joshua Butcher.

Logan Circuit Court case number 17-C-300

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