HUNTINGTON — Autism Services Center is denying claims against it in a lawsuit that alleges a former employee was wrongfully terminated from his employment.
ASC argues in its answer, filed in Cabell Circuit Court, that the damages, injuries or losses alleged in the complaint were in whole or in part by the carelessness and negligence of the plaintiff.
"Plaintiff was an at-will employee who could be terminated for any reason or no reason at all, and no exception to the at-will doctrine applies in this case," the answer states. "The termination decision Plaintiff challenges was based upon a legitimate, business-related reason having nothing to do with Plaintiff's alleged exercise of a public policy right."
ASC contends that its actions were taken in good faith and that the plaintiff's defamation claim failed because ASC's statements were substantially true.
Christopher Bellomy was employed by ASC beginning in 2011 as a licensed practical nurse and always received satisfactory or better ratings on his yearly evaluations.
Bellomy was working on Dec. 10, 2020, by assisting a client and without warning, the client physically attacked him by scratching, slapping and punching him in the face.
The plaintiff used a cushion to block the attacks from the client and did not respond with any physical contact with the client, according to the suit.
Bellomy claims that despite defending himself, the defendant terminated his employment five days later and claimed he had not followed protocol and had engaged in abuse against the client.
Bellomy claims the defendant failed to properly train him and other employees concerning the client.
Bellomy is seeking compensatory and punitive damages. He is represented by Hoyt Glazer of Glazer Saad Anderson in Huntington. ASC is represented by Michael A. Frye and Alexis A. Wright of Jenkins Fenstermaker in Huntington.
The case is assigned to Circuit Judge Paul Farrell.
Cabell Circuit Court case number: 21-C-394