Man claims Asplundh fired him for filing workers' compensation claim

By Lhalie Castillo | May 31, 2018

RIPLEY — A tree trimmer is suing Asplundh Tree Expert LLC, a former employer, alleging disability discrimination, retaliation and wrongful termination.

By shcostello, CC BY 3.0, https://commons.wikimedia.org/w/index.php?curid=49381499

RIPLEY — A tree trimmer is suing Asplundh Tree Expert LLC, a former employer, alleging disability discrimination, retaliation and wrongful termination.

Matthew L. Taylor filed a complaint April 27 in Jackson Circuit Court against Asplundh Tree Expert alleging that his former employer violated the West Virginia Human Rights Act and Workers' Compensation Act.

According to the complaint, the plaintiff alleges that on April. 6, 2017, he was forced to cut down a tree using a broken saw and was injured when it fell the wrong way, hitting him in the back of the head and neck. He was terminated on Aug. 6, 2017 allegedly for receiving workers' compensation benefits. The plaintiff holds Asplundh Tree Expert responsible because despite his refusal to use a broken saw, his supervisor allegedly threatened him with termination if he didn't use it, and eventually terminated his employment in retaliation for exercising his rights. 

The plaintiff requests a trial by jury; and seeks compensatory and punitive damages, plus interest, attorney's fees, costs and all further relief as the court may deem appropriate. He is represented by Richard W. Walters of Shaffer & Shaffer PLLC in Charleston.

Jackson Circuit Court case number 18-C-35

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Asplundh Tree Experts Jackson Circuit Court Shaffer & Shaffer, PLLC

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