MOUNDSVILLE — A woman says K&K Professional Kleaning for a hostile work environment that caused her emotional distress.
Marshall County Coal Resources, Tim Ferguson and Greg Clark were also named as defendants in the suit.
Amber Gwynn was employed by K&K and worked the nigh shift at the Marshall County Coal Mine, according to a complaint filed in Marshall Circuit Court.
Gwynn claims as a night shift worker, she was one of only a few personnel present in the portal building with most of the workforce working underground.
On Feb. 14, 2020, Gwynn was working her usual nightshift and was directed to dust two private office rooms and upon entering one of the rooms, Gwynn identified Clark, who placed his hands on her lower back, according to the suit.
Gwynn claims while she was cleaning, Clark would attempt to walk in the tight space between the desk and the wall at the same time she was cleaning in the area and would force physical interaction between them.
The plaintiff claims she felt extremely uncomfortable by the interaction and was upset and reported the incident to Quentin Poole, the supervisor of K&K, according to the suit.
Gwynn claims Poole informed her that he had heard that Clark had inappropriately touched another female and she later heard that Clark had been moved from different jobs due to inappropriate behaviors with other women.
Gwynn claims, however, nothing was done after she reported the incident to Poole. She claims when the COVID-19 pandemic began, she was concerned about employees spitting in trash cans and wrote several letters to the Human Resources Department about her concerns.
The plaintiff also brought up her concerns with Tim Ferguson, a shift foreman. Ferguson then used her business card to obtain her cell phone number and send her several text messages, according to the suit.
Gwynn claims the text messages offered her money and asked her to "play" with him and a female friend. Gwynn reported the incidents to Poole.
Gwynn claims she was then fired on June 4, 2020, instead of the defendants investigating the allegations of sexual harassment and ongoing health concerns.
Gwynn is seeking compensatory and punitive damages. She is represented by Vincent S. Gurrera of Gurrera Law Office in Weirton.
Marshall Circuit Court case number: 22-C-45