CLARKSBURG – A member of the West Virginia National Guard alleges his Morgantown employer unlawfully discharged him because of his service.

Ronnie M. Downey filed a complaint Jan. 23 in U.S. District Court for the Northern District of West Virginia against Anderson Excavating LLC and project manager Robert Seese alleging violation of the Uniformed Services Employment and Reemployment Rights Act.

According to the complaint, the plaintiff has been a member of the National Guard since January 2012 and was hired by the defendants in March 2017 as a heavy equipment operator. He alleges he notified the defendants of his service periods in an adequate time frame. He alleges the defendants told him in August 2017 that they could no longer accommodate his absences for his service and terminated him.

The plaintiff holds Anderson Excavating LLC and Seese responsible because the defendants allegedly failed to provide reasonable accommodation and terminated his employment because of his service to the West Virginia National Guard.

The plaintiff requests a trial by jury and seeks award for all damages, attorney's fees, costs and such other just and equitable relief. He is represented by Mark Goldner of Hughes & Goldner PLLC in Charleston.

U.S. District Court for the Northern District of West Virginia case number 1:18-cv-00017

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Hughes & Goldner, PLLC U.S. District Court for the Northern District of West Virginia




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