Former NuCo2 truck driver alleges he was constructively discharged

By Carrie Bradon | May 14, 2019

CHARLESTON – A Kanawha County man is suing his former employer over allegations he was subjected to inappropriate and racial comments and was constructively discharged.

Robin Armstrong filed a complaint in Kanawha Circuit Court against NuCo2 LLC and Eric Fisher citing the West Virginia Human Rights Act and other counts.

The suit states that the plaintiff was employed by the defendants beginning in April 2014 as a truck driver. The plaintiff, who the suit states is of "mixed race and identifies as black," alleges he was repeatedly subjected to racial comments made by Fisher and others. The plaintiff alleges he complained about the treatment in August 2015 to human resources but the conditions only worsened. The plaintiff alleges the harassment increased so much that in 2018 he felt he had to quit. 

The suit states the plaintiff found a new position with Praxair, NuCo2's parent company, and applied. He alleges was preliminarily accepted, but after there was a problem with his background check, the position offer was rescinded. He alleges the defendants interfered with his new employment.

The plaintiff alleges he asked for his former job back with NuCo2 but was incorrectly told it was filled.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Kristina Thomas Whiteaker and David L. Grubb of The Grubb Law Group PLLC in Charleston.

The case has been assigned to Judge Jennifer Bailey.

Kanawha County Circuit Court case number 19-C-321

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