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WEST VIRGINIA RECORD

Sunday, April 28, 2024

Man says he was fired by West Virginia-American Water after being diagnosed with cancer

State Court
Discrimination 02

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CHARLESTON – A former West Virginia-American Water Company employee says he was a victim of discrimination and wrongful termination after being diagnosed with cancer.

Stanley Douglas Stewart filed his complaint against American Water Works Service Company Inc., American Water Works Company Inc. and West Virginia-American Water Company as well as supervisor Jeff Ferrell.

According to his complaint, Stewart was employed by WVAWC for more than two years and performed his duties in a satisfactory manner. In August 2020, he was diagnosed with cancer and underwent surgery. He returned to work August 31, and he says he received his first disciplinary write-up for an incident that occurred September 3.

Stewart says the defendants did not talk to the other employee involved in the incident. He also says Ferrell emailed or texted him almost daily about work issues, but he says such interaction with Ferrell was rare.

On October 21, Stewart says a co-worker asked if he had any hunting equipment she could borrow for her son to use. Stewart said he brought a disassembled youth crossbow in his truck as well as two arrows without tips or broadheads. On that day, Stewart says he was suspended pending an investigation. Eight days later, Stewart was fired.

He claims he was terminated based on his disability or perceived disability in violation of the West Virginia Human Rights Act.

He seeks compensatory damages for lost wages, benefits, back pay, front pay, indignity, embarrassment and humiliation. He also seeks punitive damages, pre-judgment interest, attorney fees, court costs and other relief.

Stewart is being represented by Mark A. Atkinson of Atkinson & Polak in Charleston. The case has been assigned to Circuit Judge Tera Salango.

Kanawha Circuit Court case number 20-C-967

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