CHARLESTON — A man is suing NGK Spark Plugs for discrimination and termination of his employment.
Matthew Vance was employed by NGK beginning in 2007 as a production associate and was promoted to a team leader position in 2011, according to a complaint filed in Kanawha Circuit Court.
Vance claims in August 2020, he began to suffer from anxiety and claustrophobia due to wearing a face covering. On April 8, 2021, his supervisor, Shannon Bates, confronted him about the manner in which he was wearing his mask.
"During this conversation between Bates and plaintiff, plaintiff's anxiety and claustrophobia reached their peak, prompting him to leave work since defendant would not permit him to remain on-site without his mask at that time," the complaint states.
Vance claims he obtained a doctor's excuse exempting him from wearing a mask for 30 days, but when he presented it to his employer, he was told he would be put on mandatory FMLA leave rather than be permitted to work without a mask.
Vance claims he was informed that because he was not in a leadership position, he could not work without a mask and that HR personnel would be going forward with an investigation into how he left work on April 8, 2021.
The plaintiff's employment was then terminated on April 19, 2021, as a result of the investigation into his departure 11 days prior.
Vance claims he did not act out when leaving work and had done nothing wrong.
Vance claims he was discriminated against. He claims the defendant's actions were a denial of his FMLA rights.
Vance is seeking compensatory damages. He is represented by Walt Auvil, Kirk Auvil and Anthony Brunicardi of The Employment Law Center in Parkersburg.
The case is assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 21-C-1005
