Former Lexington Coal employee files suit over termination after medical leave

By Carrie Bradon | Apr 9, 2019

LOGAN – A Delbarton man is suing his Milton employer over allegations he was terminated in retaliation after taking time off at a doctor's orders.

Wesley Cisco filed a complaint in Logan Circuit Court against Lexington Coal Co. LLC alleging violation of the West Virginia Human Rights Act.

The suit states that the plaintiff was employed by the defendant in 2018 as a coal truck driver. The suit states the plaintiff requested time off to see a doctor in November 2018 and the defendant agreed to this request. The plaintiff alleges his doctor ordered him to take seven days off from work and he delivered this order to the defendant.

The plaintiff alleges he requested to return to work after the seven days and the defendant terminated his employment. He alleges he was discriminated against due to his disability and terminated in retaliation.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs and a trial by jury. The plaintiff is represented by Steven S. Wolfe of Wolfe White & Associates in Logan.

The case has been assigned to Judge Joshua Butcher.

Logan Circuit Court Case number 19-C-28

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