CHARLESTON — A former employee is suing the Town of Marmet and Mayor David Fontalbert alleging he was wrongfully terminated from his employment with the city.
Samuel Jason Hawkins was employed by the defendants until he was terminated on Oct. 7, 2021, according to a complaint filed in Kanawha Circuit Court.
Hawkins claims he was the street director for the town and during his employment, he was never disciplined for any workplace violations.
On Oct. 7, 2021, Hawkins was wrongfully terminated from his employment and did not receive his final payment by the next pay period, according to the suit.
Hawkins claims during his employment he supervised a worker who was constantly late for work and failed to appropriately perform job duties, and Hawkins reported the worker.
After reporting the worker, Hawkins was fired, according to the suit. Hawkins claims the worker had several family members in city leadership roles.
Hawkins claims the defendants violated the West Virginia Human Rights Act and caused him damages. The defendants wrongfully and unlawfully terminated Hawkins' employment in retaliation for reporting the employee, according to the suit.
According to court records, the parties selected Frank Litton to mediate the case.
The defendants also denied all allegations in their answer alleged in the complaint.
"Defendants deny any and all allegations contained in the...complaint that allege or imply any negligence, intentional tort, breach of contract, unlawful act, discrimination, retaliation, violation of public policy or other fault; that allege or imply any responsibility, failure to meet responsibility or violation of duty; or that allege or imply a violation of any common law, public policy, statutes, rules, regulations or standards whatsoever..." the answer states.
The defendants also contend that Hawkins was an at-will employee and was not in a contractual or quasi-contractual relationship. They want the complaint dismissed.
Hawkins is seeking compensatory and punitive damages. He is represented by Shawn R. Romano and Miles B. Berger of Romano & Associates in Charleston.
The city and Fontalbert are represented by Timothy L. Mayo of Flaherty Sensabaugh Bonasso in Charleston.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 22-C-180