CHARLESTON – A former U-Haul employee says he was fired while recovering from an on-the-job knee injury.
Joseph W. Welch filed his complaint against U-Haul Co. of West Virginia and Jeff Bowles in Kanawha Circuit Court.
According to the complaint, Welch was a facility maintenance technician for U-Haul from 2017 until his firing in 2019.
On January 10, 2019, he says he injured his knee while working in Elkins. He alerted Bowles, who is president of U-Haul of West Virginia, who told Welch to “suck it up” and keep working.
Welch says he tried to keep working, but his knee continued to get worse. On January 14, 2019, he went to a medical facility in St. Albans and was told to not work until January 16, 2019.
Still, Welch says the defendants ordered him to work outside of his restrictions and to drive. He refused.
On January 15, 2019, Welch says Bowles sent two workers to his home. One of them gave Welch his cell phone and said Bowles wanted to speak with him. Bowles then fired Welch over the phone.
Welch accuses the defendants of disability discrimination and reprisal. He says he has suffered loss of dignity, embarrassment, humiliation, aggravation and emotional distress. He says he also has suffered lost wages and benefits.
He seeks compensatory damages, lost wages, pre- and post-judgment interest, attorney fees, court costs and other relief. He also seeks punitive damages.
Welch is being represented by Todd S. Bailess, Rodney A. Smith and Jodi R. Durham of Bailess Smith in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 20-C-1040