West Virginia Record

Saturday, December 7, 2019

Former Shafer Equipment employee claims wrongful termination


By Noddy A. Fernandez | Feb 22, 2019

Wrongful term 03

CHARLESTON — A man is suing his former employer, citing alleged retaliation and wrongful termination.

Barry Casto filed a complaint in Kanawha Circuit Court against Shafer Equipment, LLC and James Shafer alleging that they harassed, reprimanded and retaliated against him for his attempts to comply with a stormwater permit and complaining about unsafe working conditions.

According to the complaint, on Feb. 27, 2017, Casto was unlawfully terminated after making various complaints regarding the defendants' allege violation of federal safety standards and water pollution control permits. Casto alleges the defendants refused to purchase and install required ventilation systems and fans, putting profits and costs over its employees. 

The defendants also allegedly engaged in a practice of unlawfully assigning wages without having a valid wage assignment acknowledged with a notary present. 

The plaintiff holds Shafer Equipment, LLC and James Shafer responsible because they allegedly made adverse employment decisions against him by terminating his employment shortly after he reported the unsafe working conditions in the company.

The plaintiff requests a trial by jury and seeks judgment for damages, pre- and post-judgment interest, attorneys' fees, costs, injunctive relief and such other relief as the Court may deem just and equitable. He is represented by Rodney A. Smith, Todd S. Bailess and Jeffrey A. Foster of Bailess Smith PLLC in Charleston.

Kanawha Circuit Court Case number 19-C-73

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Kanawha Circuit CourtBailess Smith PLLC

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