CHARLESTON — A coal miner is suing a mining company, alleging discrimination, retaliation and wrongful termination.
Joshua Elliott filed a complaint in Kanawha Circuit Court against Blue Creek MIning LLC, alleging violation of the West Virginia Worker's Compensation Act and the West Virginia Human Rights Act.
According to the complaint, Dec. 29, 2017, after working for 12 years at Blue Creek, Elliott says he was fired from his job after being suspended for questioning his three days of lost pay.
Elliott alleges he suffered a work-related injury and filed workers' compensation claim, which doctors advised him to work only light duty. However, Elliott says when he returned to work after his injury, his hourly wages had been significantly reduced and he was not accommodated with light duty work.
The plaintiff alleges Blue Creek MIning failed its duty under the WVHRA to make reasonable accommodations for Elliot's impairment that would permit him to perform the essential functions of his job.
Elliott seeks trial by jury, damages, all remedies afforded under the WVHRA, pre- and post-judgment interest, attorney fees, costs, and all other just and equitable relief. He is represented by attorneys Robert P. Lorea of Lorea Law Office PLLC in Charleston, and by Rodney A. Smith and Todd S. Bailess of Bailess Smith PLLC in Charleston.
Kanawha Circuit Court case number 18-C-763
