CHARLESTON — A man is suing Greenbrier Minerals after he claims it wrongfully terminated his employment.
Christopher M. Jones filed the lawsuit in Raleigh Circuit Court. It was removed to federal court on Nov. 14.
Jones claims he began working as a roof bolt operator for the defendant in 2016 and he was injured in November 2018 when a fly board he was installing hit him in the head. He was then placed on light duty restrictions by his physician.
Jones claims his supervisor directed him to have the light-duty restrictions removed and he called his physician, who faxed a release to return to full work, however, Jones still continued to work light duty for about another week before returning to full work duty.
The plaintiff took leave under the Family and Medical Leave Act in January for the birth of his twins and he was set to return to work on Feb. 24, however, when he returned to work he was informed he had been replaced and he was assigned a position with lower pay, according to the suit.
Jones claims his wife had also suffered post-birth complications that required him to call off work sometimes and that on March 21, he was fired only three weeks after returning to work following the birth of his twins.
The defendant's reason for firing Jones was discriminatory and the defendant told him he was being fired for being a no-show at work, despite the fact that the day was during his leave via FMLA, according to the suit.
Jones claims the defendants discriminated and retaliated against him and interfered with his rights under FMLA.
Jones is seeking compensatory and punitive damages with pre-judgment interest. He is represented by Richard W. Walters and Carl W. Shaffer of Shaffer & Shaffer in Charleston.
The defendant removed the case to federal court due to the allegations of violations under FMLA.
"Due to the fact that plaintiff alleges violations of the FMLA, this case is properly removable pursuant to 28 U.S.C.§ 1441(a)," the notice of removal states. "Plaintiff also alleges a violation of a substantial public policy. This claim is duplicative of the FMLA claim. Regardless, this Court has supplemental jurisdiction over such claims."
Greenbrier is represented by Anna M. Dailey, Brian J. Moore and Kelsey Haught Parsons of Dinsmore & Shohl in Charleston.
U.S. District Court for the Southern District of West Virginia Case number: 5:19-cv-00814
