CHARLESTON — A former employee is suing Panther Creek Mining for wrongful termination of employment.
Panther Creek Mining, Blackhawk Mining and Daniel Hawkins were all named as defendants in the suit.
Gregory K. Cox was employed by the defendants for several years until his employment was terminated on June 6, according to a complaint filed in Kanawha Circuit Court.
Cox claims he worked as a coal miner for more than 22 years at the same mine without any significant employment issues and earned more than $80,000 per year including benefits.
On Oct. 2, 2022, Cox claims he got something in his eye at work and had to seek medical attention and was treated for a corneal ulcer. He had to miss a few days of work and was provided a doctor's excuse, which he provided to Daniel Hawkins at Panther Creek.
On Nov. 13, 2022, Cox fell out of his vehicle while going to dinner with his family. Cox claims he passed out and hit his head and was taken to the hospital for medical attention.
"While at the hospital, he was diagnosed with acute renal failure requiring immediate medical treatment and impairing his ability to work his job," the complaint states. Cox received and provided a medical excuse from employment during his required leave."
When Cox returned to work, he was written up for his absences, according to the suit.
Cox claims on May 31, he was injured at work and continued to work through the pain, but the following day, he asked to complete an incident report and then sought medical attention. He was then suspended from his employment and on June 6, his employment was terminated.
Cox claims his employment was wrongfully terminated and the defendants violated the West Virginia Human Rights Act.
Cox is seeking compensatory and punitive damages. He is represented by D. Adrian Hoosier II of Hoosier Law Firm in Charleston.
The case is assigned to Circuit Judge Tera Salango
Kanawha Circuit Court case number: 23-C-580
