Electrician accuses former employer of disability discrimination

By Philip Gonzales | Dec 12, 2018

CLARKSBURG — A Fayette County man is suing his former employer, alleging violation of the Family and Medical Leave Act.

William Ballenger of Danese filed a complaint in U.S. District Court for the Northern District of West Virginia against R&E Electric Company Inc., alleging denial of COBRA benefits. 

According to the complaint, on June 12, 2017, one day after Ballenger, who had worked for R&E as an electrician since 2004, informed the defendant that he thought he had carpal tunnel syndrome and a hernia, the defendant terminated him and canceled his health insurance.

Ballenger said he has suffered lost wages and other damages. The suit alleges he is awaiting surgery for his carpal tunnel syndrome and hernia because he has been unable to afford the treatments since the loss of his employment and insurance benefits. 

The plaintiff alleges R&E Electric failed to provide COBRA notice and discriminated and retaliated against Ballenger by terminating his employment for exercising his rights.

Ballenger seeks trial by jury, $110 for each day R&E Electric failed to provide COBRA notice, all damages, reinstatement and/or front pay, court costs, interest, attorney fees and all other fair and proper relief. He is represented by attorney Hoyt Glazer of Law Office of Hoyt Glazer PLLC in Huntington.

U.S. District Court for the Northern District of West Virginia case number 1:18-cv-00198-IMK

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Law Office of Hoyt Glazer U.S. District Court for the Northern District of West Virginia

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