CHARLESTON – A Raleigh County man alleges that he was terminated by his Kanawha County employer after the birth of his child in retaliation for taking time off.
Eric C. Jackson filed a complaint Feb. 18 in the U.S. District Court for the Southern District of West Virginia against Blue Creek Mining LLC alleging violation of the Family Medical Leave Act.
The suit states that the plaintiff was employed as an electrician by the defendant from October 2015 to April 21, 2017.
The plaintiff alleges he obtained the paperwork from the defendant for FMLA caretaking leave on Nov. 22, 2016, and officially requested the leave on Dec. 6, 2016, which was approved.
The plaintiff alleges he called the defendant's human resources office on Jan. 18, 2017, and informed the defendant he was at the hospital for the birth of his son, who was born later that day. He alleges the defendant informed him that he was approved for leave through Feb. 1, 2017.
The plaintiff alleges he went back to work on Jan. 31, 2017, and within a week was switched to a less-desirable night shift.
The suit states plaintiff was terminated after an incident on April 21, 2017, allegedly involving horseplay a few days prior.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs and trial by jury. The plaintiff is represented by Todd S. Bailess, Rodney A Smith and Michael P. Addair of Bailess Smith PLLC in Charleston.
U.S. District Court for the Southern District of West Virginia case number 2:19-CV-00119