HUNTINGTON — Moses Automotive Network says it did not discriminate against an employee for their disability and wants a lawsuit alleging so dismissed.
Moses argues that any alleged damages the plaintiff sustained were the result of the negligence of persons, firms or entities other than Moses, according to an answer filed in Cabell Circuit Court.
"Defendant states that the injuries and damages, if any, of which the Plaintiff complains were caused or contributed to by the actions of persons or third parties other than Defendant, and therefore, the Plaintiff cannot recover from Defendant in this action," the answer states.
The defendant argues that it made a good faith effort to comply with all laws and follow all written policies by making it a consistent practice of not tolerating any violation of policies. It argues that it did not engage in any alleged conduct with malice or reckless indifference to the protected rights of the plaintiff.
Moses demands the complaint be dismissed with prejudice. It is represented by David D. Amsbary of Bailes Craig Yon & Sellards in Huntington.
Thomas Belcher filed the lawsuit against Moses for violating the West Virginia Human Rights Act and the Family Medical Leave Act of 1993, according to a complaint filed in Cabell Circuit Court.
Belcher is a veteran of the U.S. military and requires regular care and treatment for migraines. He claims he was hired in 2018 as a sales representative for the defendant and worked full-time for several years. He was never required to meet any sales quota during his employment unless otherwise mentioned and the defendant was aware of his migraines and treatment.
On July 8, 2020, Belcher requested FMLA leave for his migraines and was told it was not necessary for him to file for FMLA benefits, according to the suit.
Belcher claims on Aug. 8, 2020, the defendant issued him a "write-up" after he arrived late to work. He claims it was the first time he had ever received a write-up or any criticism.
The plaintiff contends he was issued the write-up in retaliation for having sought FMLA benefits, according to the suit.
Belcher claims on Aug. 31, 2020, his employment was terminated for not meeting a sales quota. He claims the defendant did not require others to meet the sales quota.
"On information and belief, Defendant invented a sales quota after it learned Mr. Belcher had sought FMLA benefits and applied that sales quota to him only," the complaint states.
Belcher is seeking compensatory and punitive damages. He is represented by Hoyt Glazer of Glazer Saad Anderson in Huntington.
The case is assigned to Circuit Judge Paul T. Farrell.
Cabell Circuit Court case number: 21-C-402