The State Journal local business news outlet reported that Glen Farley – a former foreman, fireboss, electrician, mechanic and truck driver for various Massey mines during his tenure – filed the suit on May 11 in Raleigh County Circuit Court.

Farley was fired from the company last month.

He named Alpha Natural Resources subsidiary Performance Coal as a defendant.

Alpha took over all of Massey’s mines in its acquisition of the producer last June.

“Although Massey Energy sold out to Alpha Natural Resources, the same persons who operated the Massey Energy subsidiaries, specifically Performance Coal Company, are still operating those subsidiaries and old habits die slowly if at all,” Farley reportedly claimed in the unlawful discharge documentation.

He said even after receiving a favorable evaluation he had cost the company money by pressing compliance to safety standards.

The Journal said Farley's suit highlighted two recent instances of his enforcement actions while serving as surface foreman.

The first was in early March when he halted work at the Workman's Creek mine because of an uncovered gas line.

The relocation cost the Alpha division “substantial money”, according to the plaintiff.

Also, the former worker stated that he closed a road leading to the UBB mine’s silo portal on April 1 because of unsafe conditions for rubber-tired vehicles, including missing berms.

He said his actions closed the sealing process at the now-closed mine that required a federal K-order modification to stop operations.

According to the news service, Performance Coal terminated the worker for borrowing a tractor for personal use without asking permission, though Farley argued otherwise.

Performance Coal must respond to the suit by June 10.

An ILN request for comment from Alpha was not returned at press time.