West Virginia Record

Thursday, February 27, 2020

Dana Container employee claims he was fired for complaints of working conditions after assault by co-worker

State Court

By Marian Johns | Feb 7, 2020

Wrongful term 03

WINFIELD – A former Dana Container employee who was assaulted by a co-worker and suffered an eye injury alleges he was fired in retaliation for reporting the incident.

Jacob Vance filed a complaint in Putnam Circuit Court against Dana Container Inc. and Duane Erwin alleging violation of the West Virginia Worker's Compensation Act and West Virginia Human Rights Act. 

Vance began working for Dana Container in May 2018 as a tank cleaner. He alleges that on Aug. 2, 2018, while at his workplace, a co-worker suddenly punched him in his right eye, causing injury to the eye. Vance alleges that his supervisor, defendant Erwin, told him if he reported the incident, he would be fired. 

Vance alleges he did file a report about the unsafe working condition and sought medical care. He alleges that after he returned from medical leave, he was fired in retaliation. 

Vance seeks lost wages and benefits, a trial by jury, interest and all other just relief. He is represented by Robert Lorea of The Lorea Law Office PLLC in Charleston.  

The case has been assigned to Circuit Judge Joseph Reeder.

Putnam Circuit Court case number 19-C-249

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