CHARLESTON – A Putnam County man says he was wrongfully fired from his job after mold and bacteria in the building forced him to file a workers’ compensation claim.
Patrick O’Neill of Red House filed his complaint in Kanawha Circuit Court against H.E. Newumann Company and The Neumann Services Companies Inc. Henco Holdings LLC originally also was listed as a defendant, but it was dismissed in September.
According to his complaint, O’Neill worked for the defendant companies, which does mechanical contracting work, as a service supervisor from 2013 until late 2019 or early 2020.
During his employment, O’Neill says he noticed the roof of the Charleston location was leaking. He said he told his supervisors that mold and other bacteria had formed and grown to create a health hazard. He says the defendants failed to fix or repair the leaking roof and failed to remediate the mold and bacteria.
In November 2019, O’Neill says he was placed on short term disability because of back pain, dyspnea and other conditions. He took samples of the mold and bacteria to be tested, and he says he believes the mold and/or bacteria was the cause of his health problems.
He says he had to seek medical treatment for his ailments
O’Neill then filed a workers’ comp claim. And while he still was on disability, the defendants fired him.
He says his termination was a violation of the West Virginia Human Rights Act. He says he had to seek medical treatment for his ailments while working for the defendants, and he was fired despite his disability. He also says he was a victim of workers’ compensation discrimination.
O’Neill seeks compensatory damages for lost wages and benefits as well as indignity, embarrassment, humiliation and emotional distress. He also seeks punitive damages, pre-judgment interest, attorney fees, court costs and other relief.
In their answer, the defendants deny the allegations and seek to be dismissed from the case.
He is being represented by Matthew Hatfield of Hatfield & Hatfield in Madison as well as Paul Frampton of Atkinson & Polak in Charleston. The defendants are being represented by Brian J. Moore and Chandler E. Aragona of Dinsmore & Shohl’s Charleston office. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 20-C-674
