Truck driver sues employer, citing unlawful termination

By Philip Gonzales | Jan 18, 2019

WINFIELD — A truck driver is suing his former employer, citing alleged disability discrimination, retaliation and wrongful termination.

Carl B. Hickman filed a complaint in Putnam Circuit Court against Smith Concrete and Jeffrey A. Smith, alleging they violated the West Virginia Human Rights Act and the Wage Payment and Collection Act.

According to the complaint, Hickman alleges that on July 26, 2017, he was unlawfully terminated from his employment. He has suffered and will continue to suffer lost wages and benefits, annoyance, embarrassment, emotional distress and indignity. 

The plaintiff holds Smith Concrete and Jeffrey A. Smith responsible because they allegedly failed to provide reasonable accommodation, retaliated against him by terminating his employment and failed to timely pay wages after his termination.

The plaintiff requests a trial by jury and seeks all damages, plus interest, attorney's fees, costs and such other just and equitable relief. He is represented by Todd S. Bailess, Rodney A. Smith and Jeffrey A. Foster of Bailess Smith PLLC in Charleston.

Putnam Circuit Court Case number 18-C-207

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