KINGWOOD — A man says Preston Contractors wrongfully terminated his employment.
Brent W. Rhodes was hired by the defendant as a truck driver on July 5, 2016, according to a complaint filed in Preston Circuit Court.
In October 2019, Rhodes was injured at work and filed a worker's compensation claim. He had one surgery in August 2020 and a second surgery on Sept. 2, 2020. He returned to work on April 13, 2021.
Rhodes claims he was on a requested day off, on Nov. 10, 2022, when he was fired from his job, despite not committing any dischargeable offense. The defendant then told other employees that he had quit.
Rhodes claims he was retaliated against for filing the worker's compensation. He claims the defendant's actions were unlawful and discriminatory and were malicious, willful and wanton, which was a violation of the West Virginia Human Rights Act.
The defendant's conduct was in reckless disregard of Rhodes' rights and caused him to suffer injuries and damages, according to the suit.
"The acts of the Defendant...are so outrageous and were done with reckless indifference as to Plaintiff's civil rights and West Virginia public police and the Plaintiff was wrongfully injured and damaged as a direct and proximate result of the Defendant's aforesaid conduct..." the complaint states.
Rhodes is seeking compensatory and punitive damages. He is represented by Jeffrey A. Foster of Klie Law Offices in Buckhannon.
The case is assigned to Circuit Judge Steven Shaffer.
Preston Circuit Court case number: 23-C-62