Former employee claims harassment and retaliatory firing

By Noddy A. Fernandez | Feb 8, 2019

CHARLESTON — A Mason County man is suing an active carrier, citing alleged retaliation, tortious interference and wrongful discharge.

David L. Darst filed a complaint in Kanawha Circuit Court against Kentucky Natural Resources Corporation alleging that it took adverse employment action against Darst after being cited for multiple serious safety violations in the workplace.

According to the complaint, in December 2017, Darst reported certain serious unsafe working conditions related to his employment and exposure to alumina dust from the defendant's operating sites to the Occupational Safety and Health Administration (OSHA). 

As a result of the report, the defendant was investigated by OSHA and cited for multiple serious safety violations. Since then, Darst claims, the defendant began a pattern of harassment until his discharge from employment. 

The plaintiff holds Kentucky Natural Resources Corporation responsible because it allegedly intentionally exposed employees to unsafe levels of alumina dust and terminated Darst when he reported the safety issues in the workplace.

The plaintiff requests a trial by jury and seeks judgment in an amount sufficient to fairly compensate him for any and all damages available by law, punitive damages, pre- and post-judgment interest, costs and attorney fees. He is represented by Thomas H. Peyton of Peyton Law Firm, PLLC in Nitro.

Kanawha Circuit Court Case number 18-C-1541

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Kanawha Circuit Court Peyton Law Firm, PLLC

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