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WEST VIRGINIA RECORD

Tuesday, September 24, 2024

Man sues former employer for discrimination

State Court
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CHARLESTON — A man is suing Central West Virginia Regional Airport Authority for discrimination.

Clarence "Gene" Tuell was a mechanic at Yeager Airport until his wrongful termination, according to a complaint filed in Kanawha Circuit Court.

Tuell claims he was discriminated against because of his age and his disability.

"He was discriminated against in the workplace based on his age and disability — an injury to his right leg, which he sustained while he was at work," the complaint states. "Additionally, Tuell was discriminated against based on his application for and receipt of workers' compensation benefits related to his workplace injury."

Tuell claims the defendant's discrimination caused him to suffer economic damage and emotional distress.

Tuell claims he was injured in 2021, but when he was released to return to work on light duty, the defendant wouldn't let him return to work. 

When he was released to full-duty work without restrictions, he returned to work and was informed his job had been eliminated, according to the suit.

Tuell claims he was informed he would no longer be a supervisor and that he would be classified as a maintenance worker. He turned in his resignation letter that day, as the new job was less money, he lost the use of his company car, he no longer received comp time and he would be supervised by someone with less experience.

Tuell claims the defendant violated the West Virginia Human Rights Act and caused him harm. 

"As a direct and proximate result of Defendant's unlawful, discriminatory constructive discharge and/or termination of Plaintiff's employment, Plaintiff has suffered indignity, embarrassment, humiliation, and emotional distress entitling him to damages in an amount to be determined by the jury," the complaint states.

Tuell is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Laura Davidson of Mountain State Justice in Morgantown.

The case is assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 23-C436

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