Injured employee alleges interference with his FMLA rights

By Bree Gonzales | Mar 6, 2019

WAYNE — A public service manager is suing the Northern Wayne County Public Service District, alleging that the district interfered with his rights under the Family and Medical Leave Act of 1993, and other counts.

Blaine Cyrus filed a complaint against his former employer in Wayne Circuit Court, alleging that the Northern Wayne County Public Service District failed to comply with the provisions of the Family and Medical Leave Act of 1993, Consolidated Omnibus Budget Reconciliation Act, and the anti-discrimination provisions of the West Virginia Worker's Compensation Act. According to the lawsuit, Cyrus states that in February 2017, while going up a set of stairs in the course of his employment, he tripped and suffered an injury to his right shoulder that caused him to miss approximately one month of work. Cyrus applied for and received Workers Compensation benefits.

On June 2, 2017, the plaintiff broke his right leg in an accident at home and underwent surgery the following day. Cyrus applied for FMLA benefits in relation to his leg injury as he was not able to work until the first week of July 2017. He was then terminated on July 14, 2017.

The plaintiff holds Northern Wayne County Public Service District responsible because the defendant allegedly did not provide a reason for his termination, canceled his health insurance before his termination and has failed to provide him with any COBRA notification. Cyrus requests a trial by jury and seeks an amount of $110 per day for each day that the defendant has failed to provide the plaintiff with COBRA notice.

Furthermore, the plaintiff seeks compensatory damages, punitive damages, back wages, liquidated damages, actual damages for lost wages, reinstatement and/or front pay, fringe benefits plus costs of litigation, including court costs, any expert witness fees, and attorneys' fees. He is represented by Hoyt Glazer of Law Office of Hoyt Glazer PLLC in Huntington.

Wayne Circuit Court Case number 19-C-7

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Law Office of Hoyt Glazer Wayne Circuit Court

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