CLARKSBURG — A trial is scheduled in a case involving a man who alleged Fit for Work divulged his private information to his former employer.
The trial is scheduled for Nov 18, 2024, while a settlement conference is scheduled for Oct. 30, 2024.
Stipulations, objections and a joint pre-trial order also have scheduled dates in October 2024, according to the scheduling order filed Oct. 4 in U.S. District Court for the Northern District of West Virginia.
Michael Hambel, one of the defendants in the case, filed an answer to the complaint last month, denying the allegations against him.
"Plaintiff has failed to join all necessary and indispensable parties in whose absence complete relief cannot be accorded," the answer states. "Mr. Hambel's conduct was not the proximate cause or a substantial factor in causing any of the injuries or damages, if any occurred, as alleged by Plaintiff."
John Sigley, the plaintiff, alleges that the defendants improperly, unlawfully, and without authorization, accessed and disseminated his confidential records under West Virginia law, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
"Mr. Sigley’s former employer, ND Paper, LLC sought his confidential information obtained from Defendant Fit for Work LLC during Mr. Sigley's post-offer employment examination," the complaint states. "Defendant Michael Hambel, in the course of his employment for Fit for Work, LLC, immediately divulged the private, information Mr. Sigley provided during his post-offer employment exam to Mr.Sigley's previous employer."
As a result of the defendants' actions, ND Paper fired Sigley.
In August 2021, Sigley applied for employment with ND Paper. He was offered employment on Aug. 26, 2021, under the condition that he passed a post-offer physical examination. He accepted the offer of employment and was scheduled to undergo the physical examination on Sept. 8, 2021, by Industrial Therapy Solutions, which now does business as Fit for Work.
Sigley completed a medical questionnaire and underwent the post-offer employment examination, which he passed and was hired by ND Paper.
On Oct. 29, 2021, Sigley informed ND Paper that he had a history of back injuries and after that, Joyce Hardway of ND Paper contacted Hambel and asked if Fit for Work's post-offer examination of Sigley would "catch" his history of back injuries, according to the suit.
On that same day, Hambel "unlawfully disclosed Mr. Sigley's confidential medical information," the complaint states.
Sigley claims he later learned that the defendants had improperly divulged his confidential information to ND Paper.
"Since Mr. Sigley’s private medical information and records were improperly disseminated by Defendants, he has suffered loss of wages, emotional harm, and inconvenience, and seeks relief as requested in the prayer," the complaint states.
Sigley is seeking compensatory and punitive damages. He is represented by Hoyt Glazer of Glazer Saad Anderson in Huntington.
Hambel is represented by Benjamin M. Fiechter and Craig C. Dilger of Stoll Keenon Ogden in Louisville, Ky., and Stephen F. Gandee of Robinson & McElwee in Clarksburg.
The case is assigned to U.S. Judge Tom Kleeh.
U.S. District Court for the Northern District of West Virginia case number: 1:23-cv-00058