HUNTINGTON – A Cabell County man says he was wrongfully terminated while on COVID-19 medical leave and falsely accused of stealing a company vehicle.
Matthew Viars filed his complaint January 3 in Cabell Circuit Court against Davey Resource Group Inc.
According to his complaint, Viars was hired by Davey in September 2021. On December 8, 2021, he tested positive for COVID-19 and took medical leave to recover. He says a supervisor accepted his request for leave and that the company never informed him his job was in jeopardy.
But on December 30, 2021, a West Virginia State Trooper arrived at his residence and arrested him for one count of grand larceny for allegedly stealing a 2016 Ford F-150 that he used in his employment. The truck was sitting in front of his house when he was arrested.
On January 10, 2022, the state moved to dismiss the criminal charge against Viars after it concluded he was in lawful possession of the vehicle. He immediately was released from jail after being incarcerated 11 days at the Western Regional Jail in Barboursville.
Viars accuses Davey of termination in violation of substantial public policy, retaliation discharge, disability discrimination and defamation. He seeks compensatory damages for lost wages, back pay, lost compensation, fringe benefits, out-of-pocket costs, expenses, annoyance, inconvenience, embarrassment, humiliation and distress.
He also seeks punitive damages, reinstatement or front pay, court costs, attorney fees, expert witness fees, pre- and post-judgment interests and other relief.
Viars is being represented by Abraham Saad and Eric Anderson of Glazer Saad Anderson in Huntington. The case has been assigned to Circuit Judge Gregory Howard.
Cabell Circuit Court case number 23-C-3
