CHARLESTON — The Chemours Company denies it is responsible for violations of public policy alleged in a complaint by a former employee.
Chemours contends that a Harless claim does not exist in the matter because there are other mechanisms available to enforce the public policy that the plaintiff alleges and that no substantial public policy exists in West Virginia protecting the plaintiff's alleged safety complaint, according to an answer filed Jan. 15 in Kanawha Circuit Court.
"Neither OSHA nor its associated federal regulations constitute a substantial public policy in West Virginia," the answer states.
Noah S. Robinson filed the lawsuit against Chemours and Nicholas Martino alleging it violated public policy.
Robinson claims he was employed by Chemours from July 1, 2015, until June 9, 2022, as an industrial mechanic and was employed by Chemours' predecessor from April 1, 2013, until July 1, 2015.
Robinson claims over the final three years of his employment he made numerous safety complaints and up until his termination, he continued to make the safety complaints.
On June 8, 2022, the defendants falsely accused him of stealing tools that were his property and the next day he was fired, according to the suit.
After his termination, he sought employment with Belle Chemical, which was on Chemours' property and the defendants refused to let him on the property and told Belle he had stolen property and was "a high security risk," the complaint states.
Robinson claims the defendants' employees were not trained properly and they were forced to perform specific jobs that created hazardous conditions.
"Defendants acted with actual malice toward the plaintiff or a conscious reckless and outrageous indifference to the health, safety and welfare of others warranting an assessment of punitive damages against the defendants," the complaint states.
Robinson is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Mark A. Atkinson of Atkinson & Polak in Charleston.
Chemours is represented by Eric W. Iskra and Ellen J. Vance of Spilman Thomas & Battle in Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 22-C-759