West Virginia Record

Wednesday, January 22, 2020

Man claims Greenbrier Minerals fired him for being no-show during FMLA leave

State Court

By Marian Johns | Jan 13, 2020

Wrongful term 04

BECKLEY – A Boone County man claims Greenbrier Minerals fired him in retaliation for taking leave after the birth of his children.

Christopher Jones filed a complaint in Raleigh Circuit Court against Greenbrier Minerals LLC alleging violation of the Family Medical Leave Act (FLMA). 

The suit states Jones began working for Greenbrier on Aug. 30, 2016, as a roof bolt operator. In 2019, Jones alleges he took leave under FLMA for his wife's pregnancy complications and then after the birth of his twins. 

When he returned to work on Feb. 24, 2019, he claims he was replaced with a contract employee, was assigned to a lower-paying position and eventually fired on March 21, 2019, for being a "no-show" at work during one day of his leave under the FLMA. 

Jones seeks compensatory damages, a trial by jury, interest and all other just appropriate relief. He is represented by Richard Walters and Carl Shaffer of Shaffer & Shaffer PLLC in Charleston. 

The case has been assigned to Circuit Judge H.L. Kirkpatrick III.

Raleigh County Circuit Court case number 19-C-456

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