KEYSER — A man is suing Gudenkauf LLC alleging his employment was wrongfully terminated and he was discriminated against based on his disability.
Jeff Bozo was also named as a defendant in the suit.
Glenn R. Francis was hired by Gudenkauf on Sept. 23, 2019, as a fleet mechanic and worked out of Gudenkauf's office in Ridgeley, according to a complaint filed in Mineral Circuit Court.
Francis claims he held a commercial driver's license at the time and throughout the duration of his employment, he completed all of his job duties in a satisfactory manner.
Francis suffered from a rotator cuff tear with avulsion to his right shoulder and his physician prescribed him pain medication for the injury, according to the suit.
Francis claims the defendants were aware of the prescription and the injury and did not take issue with it.
In February 2020, Francis' physician increased his dosage and he informed the defendant of the change, according to the suit.
On July 9, 2020, Francis was examined by a physician assistant for commercial driver medical certification and found that he was qualified as a CDL driver in accordance with federal regulations.
Francis claims on Oct. 30, 2020, he was asked to undergo a drug test by Gudenkauf and he complied and provided verification of his current pain medication prescription. On Nov. 6, 2020, he was contacted by the defendant's Human Resources Department, which suspended him due to the prescribed pain medication.
Bozo told Francis he could drive his personal vehicle in the meantime and agreed to reimburse him for gas, so he worked from Nov. 7, 2020, until Jan. 3, 2021. Bozo continued to tell him to "hang tight" when he asked when his driving privileges would be restored.
On Jan. 4, 2021, the defendants wrongfully, recklessly, carefully, willfully, wantonly and unlawfully terminated Francis' employment. Francis claims the defendants discriminated against him for his disability and wrongfully terminated his employment.
Francis is seeking compensatory and punitive damages. He is represented by Ambria Britton of Klie Law Offices in Buckhannon.
Mineral Circuit Court case number: 22-C-7