WINFIELD — A man who was working for an American Electric Power company contractor is suing, claiming he was wrongfully terminated from his employment.
Trans Ash Inc. and Michael Cochran were both named as defendants in the suit.
James Frederick "Freddy" Elkins was employed by Trans Ash and on June 18, 2019, he observed a co-worker, Keith Cochran, only walking a portion of the conveyor belt transporting limestone and not the entirety of the belt as required, according to a complaint initially filed in Lincoln Circuit Court and transferred to Putnam Circuit Court.
Elkins claims he asked his supervisor, Michael Cochran, about this and was told not to worry about what his co-worker was doing.
Shortly after reporting the issue, Elkins' hours were reduced and he was no longer offered overtime work, according to the suit. He was then informed that his employment was terminated on Jan. 10, 2020.
Elkins claims he was told the termination was part of a reduction-in-force, however, he was the only employee terminated during the reduction-in-force and that he had more experience and qualifications than operators who were kept.
Subsequent to the purported lay-off, he was told that there was no work available for him when he tried to return, according to the suit.
"Defendant terminated Plaintiff's employment, in whole or in part, in retaliation for his report of illegal, unethical, fraudulent or incompetent behaviors be witnessed in violation of public policy ..." the complaint states.
As a direct and proximate result of the defendant's actions, the plaintiff suffered lost wages and benefits, according to the suit.
Elkins claims he is entitled to damages for the indignity, embarrassment, humiliation and emotional distress.
"Defendants' actions were willful, wanton and/or undertaken with reckless disregard and/or reckless indifference to the rights of Plaintiff..." the complaint states.
Elkins is seeking compensatory and punitive damages. He is represented by J.A. Curia III in Charleston.
Putnam Circuit Court case number: 22-C-89
