Former employee alleges railroad company violated FMLA

By Jenie Mallari-Torres | Dec 6, 2018

HUNTINGTON — A former employee is suing a railroad business, alleging disability discrimination, retaliation, and violation of the Family and Medical Leave Act.

Adonis Ginn of Garrison, Kentucky, filed a complaint in U.S. District Court for the Southern District of West Virginia against CSX Transportation Inc., CSX Corporation, and Dr. Craig S. Heligman, alleging they violated the rights of employees to family and medical leave.

According to the complaint, on July 5, 2017, Ginn, who begun working for CSX as a signal foreman in 2006, injured his back while throwing hay at his home. The suit says he was terminated from his job Aug. 21, 2017, leading to a loss of income and employee benefits.

The lawsuit alleges the defendants are guilty of malicious and intentional violations of FMLA by terminating Ginn's employment while he was out on a FMLA-eligible leave to receive treatment, surgery and therapy from multiple health care providers for a legitimate injury. 

The plaintiff alleges the defendants failed to apprise Ginn of his eligibility for FMLA-protected leave, forced him to work while he was out on FMLA leave and subjected him to adverse employment actions by terminating his employment.

Ginn seeks trial by jury, compensatory, punitive and special damages, reinstatement to his former position, court costs, expert witness fees, attorney fees and all other just relief. He is represented by attorneys Amy C. Crossan of Bouchillon, Crossan & Colburn LC in Huntington and by Tad T. Roumayah and Benjamin J. Wilensky of Sommers Schwartz PC in Southfield, Michigan.

U.S. District Court for the Southern District of West Virginia case number 18-cv-01322

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