CHARLESTON – A former cook at a downtown Charleston eatery claims he wrongfully terminated from his job.
Matthew Wallace filed his complaint against Pies & Pints Charleston and Chris Warner in Kanawha Circuit Court.
According to the complaint, Wallace worked for the defendants from 2012 until November 2021 as a cook. He says he performed his job duties in a satisfactory manner. Early in his employment, Wallace says he told the defendants he was diagnosed with Asperger Syndrome at an early age and is on the autism spectrum.
He said they knew his condition made it difficult for him to engage in social interaction behaviors, such as establishing and maintaining relationships, reciprocating social interaction and communicating with others.
On October 24, 2021,Wallace claims he was working his normal shift when server Isabella Lewis began to verbally assault him. He claims she told him he was “worthless,” “stupid” and “retarded.” The complaint says it is unclear what provoked the verbal assault, but she also threw a freshly made hot pizza on him.
According to the complaint, kitchen manager James Lamb witnessed the assault and asked Wallace if he was OK and apologized. Lamb said he was going to talk to other managers about the incident, and Wallace was forced to leave the restaurant, according to the complaint, which also says Lewis was not asked to leave the restaurant.
Wallace says he was told he was suspended for two days. When he returned to work, he allegedly was told he was under investigation by corporate and was not allowed to work until the investigation was finished. He finally was told to return to work on October 29, 2021. When he arrived, he says he was immediately fired by Warner.
He accuses the defendants of disability discrimination and sex/gender discrimination in violation of the West Virginia Human Rights Act.
Wallace seeks compensatory damages including past, present and future lost wages as well as general damages for humiliation, mental pain and suffering, emotional distress and embarrassment. He also seeks punitive damages, court costs, attorney fees, pre- and post-judgment interests and other relief.
In its answer, Pies & Pints denies the allegations and seeks to have the case dismissed.
Wallace is being represented by Phillip Estep of Estep Entsminger Law Group in Charleston. The case has been assigned to Circuit Judge Stephanie Abraham.
Kanawha Circuit Court case number 23-C-942