CHARLESTON — A man is suing his employer, alleging he was unfairly terminated after suffering a workplace injury.
Danny Elswick filed a complaint in Kanawha Circuit Court against Kanawha Valley Regional Transportation Authority.
The suit states the plaintiff was a bus driver for the defendant on Aug. 21, 2017. The plaintiff was involved in a car accident on Sept. 16, 2017 and was injured. The plaintiff filed for worker's compensation and tried to return to work in March 2018. The defendant allegedly failed to accommodate the plaintiff's need for a less physical job. The plaintiff informed the defendant that he was suffering from swelling on May 8, 2018 and would not be able to operate a work vehicle. The defendant eventually terminated the plaintiff on May 21, 2018.
The defendant is accused of wrongful termination, violation of the West Virginia Human Rights Act, and intentional infliction of emotional distress.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Tammy Bowles Raines of Tammy Bowles Raines Law Office in Charleston.
The case has been assigned to Judge Tera Salango.
Kanawha Circuit Court case number 19-C-542