WHEELING – A Cameron man with developmental disabilities says he was discriminated against and wrongfully terminated by Walmart.
Jack “J.J.” Cain Jr. filed his lawsuit March 12 in U.S. District Court against Wal-Mart Stores East LP doing business as Walmart Supercenter 2852 in Moundsville.
According to the complaint, Cain was hired by Walmart in August 2022 as a customer host. It says he has severe developmental disabilities that substantially impact life activities such as learning, reading, concentrating, thinking, communicating and talking as well as impacting major boy functions of the brain and neurological system. But the complaint says he was able to perform the essential functions of his job.
On July 19, 2023, Cain and his family took a trip. Walmart had approved the time off, according to the complaint. But Cain’s father received a phone call from Walmart store manager Kara Garrett saying J.J. was being placed on a paid one-week suspension, but she refused to explain the reason for it.
Six days later, Cain’s father received another call from Garrett saying Walmart was terminating J.J.’s employment. Again, the complaint says Garrett refused to provide any explanation.
Cain and his father then went to the store to talk speak with Garrett, who was summoned several times by an employee. But the complaint says she refused to meet or speak with Cain and his father.
“J.J. and his father waited for approximately an hour to speak with Ms. Garrett about J.J.’s termination,” the complaint states. “At this point, Ms. Garrett advised the employee at the customer service desk that Ms. Garrett would not speak to J.J. or his father and that they should not be at the store.
“J.J. and his father then left the store without any explanation for J.J.’s termination.”
Cain accuses Walmart of disability discrimination and discharge, which are violations of the Americans with Disabilities Act and the West Virginia Human Rights Act.
He says he has suffered lost income, lost benefits, emotional distress, mental anguish, embarrassment, humiliation, harm to his reputation and inconvenience.
Cain seeks compensatory damages, punitive damages, injunctive relief, court costs, reimbursement of back pay with interest, front pay, non-economic damages, attorney fees and other relief.
He is being represented by J. Michael Prascik of Bordas & Bordas in Moundsville. The case has been assigned to District Judge John Preston Bailey.
U.S. District Court for the Northern District of West Virginia case number 5:24-cv-49