CHARLESTON — A former employee is suing Joe Holland Chevrolet after he claims his employment was wrongfully terminated and discriminated against.
Christopher Bryan Smith, 51, was employed by Joe Holland from June 2009 until February 2013, when he left his employment to take another job, according to a complaint filed in U.S. District Court for the Southern District of West Virginia at Charleston.
In June 2019, Smith returned to Joe Holland and was employed as a sales representative again and his job was to sell new and used vehicles to customers, according to the suit.
Smith claims he is in recovery from a substance use disorder and receives medication-assisted treatment through a DHHR-approved recovery program and since August 2018 he has been prescribed Suboxone by a physician for his condition and takes his medication as prescribed. He also has bipolar affective disorder.
The defendant was aware of Smith's disability, according to the suit.
Smith claims when he was applying for re-employment, he disclosed his disability and was asked to participate in additional interviews, which wasn't Joe Holland's standard practice.
Smith claims during each of the additional interviews he was questioned at length regarding the disability and was even told by Joe Holland President Joseph B. Holland Jr. that he did not believe in recovery programs and was upset that Smith would not disclose his sponsor, who was confidential.
During his employment the second time with Joe Holland, the defendant's anti-recovery animus exacerbated the employment relationship between the parties, according to the suit.
Smith claims despite being given fewer leads than other sales representatives, he consistently met his sales quota and was not reprimanded at work, put on an improvement plan or told he needed to increase his sales.
On Dec. 16, 2019, Smith went to The Refinery, which was a local business next door to the car lot, to get a haircut, according to the suit.
Smith claims when he noticed the door was locked he went to work to start his shift. The following day he was called into a meeting and was told by the defendant that someone had seen him going into "the drug apartments," the complaint states.
"Mr. Smith tried to explain that he was only trying to get a haircut, but Defendant's agents continued to question him regarding his disability and sobriety, bringing up the 'drug apartments' repeatedly," the complaint states.
After the incident, Smith's bipolar affective disorder worsened and he called in several times to let the employer know he would not be at work. On Jan. 3, his employment was terminated, according to the suit.
Smith claims he was not treated the same as other employees, which violated the West Virginia Human Rights Act.
Smith is seeking compensatory and punitive damages. He is represented by Brendan M. Wood of Legal Aid of West Virginia in Charleston.
U.S. District Court for the Southern District of West Virginia at Charleston case number: 2:22-cv-00005
