CHARLESTON — The parties in a lawsuit have agreed to the dismissal of two of the defendants, agreeing that another company will be substituted instead.
Shane Kimble will be dismissed without prejudice and he shall be produced, upon request, for a deposition at a mutually agreeable date and place without the need for a formal subpoena.
In dismissing Kimble, the defendants agreed to not remove the action to federal court on the basis of diversity jurisdiction, according to the agreed order filed in Kanawha Circuit Court.
"That Defendant Americal Electric Power Company Inc. shall be dismissed from this actions without prejudice and American Electric Power Service Corporation shall be substituted in its place as the proper Defendant," the order states.
Jeffrey Beckner claims the AEP violated the West Virginia Human Rights Act and caused him lost wages and benefits; out-of-pocket losses; emotional and mental distress; humiliation and anxiety; embarrassment; depression and aggravation; annoyance; and inconvenience.
Beckner worked with AEP beginning in 2012 as a senior customer operations associate and worked remotely as a customer service representative even before COVID-19 restrictions began, according to a complaint filed in Kanawha Circuit Court.
In the monthly reports that ranked customer service agents, Beckner was regularly ranked within the top 5 of about 125 employees, according to the suit.
Beckner claims he had several disabilities and medical conditions that caused him weakness in his legs and he had fallen several times and the defendant, at one point, asked him to get a note from his doctor to say that he would not fall while working from home because he was a liability, but his doctor could not provide a note saying this.
Because of this, the plaintiff went off work on medical leave in January 2020, which the defendant approved, while Beckner waited for a knee replacement surgery, according to the suit.
Beckner claims his surgery was delayed because of COVID-19 and he did not get the procedure until May 12, 2020. On July 2, 2020, the plaintiff became paralyzed, was diagnosed with Guillain Barre syndrome and spent nearly 20 days in the ICU before being discharged.
Beckner claims shortly after his return home, the plaintiff's direct supervisor arrived at his home unannounced and barged into the home believing that Beckner was lying about the illness and thought he would "catch" him.
On Aug. 10, 2020, AEP changed the plaintiff's work status to leave of absence while his long-term disability was pending and asked for his work equipment back, according to the suit.
Beckner claims he said he wanted to return to work, but when he was able to return to work in October 2020 on a part-time basis.
In 2021, Becker had to take leave related to his medical conditions several times and on May 12, 2022, the defendant terminated his employment after continually giving him lower evaluations and refusing to help him when he had questions with changes that had occurred while he was on leave.
Beckner is seeking compensatory and punitive damages. He is represented by Kristina Thomas Whiteaker of The Grubb Law Group in Charleston.
The defendant is represented by Bryan R. Cokeley of Steptoe & Johnson in Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 22-C-901