Ex-WV miner sues producer for discrimination

A FORMER West Virginia miner has filed suit in a West Virginia circuit court claiming he was retaliated against by his employer because of his disability stemming from a workplace injury.

Donna Schmidt

According to a December 6 report in the West Virginia Record state legal journal, Terry Ellis submitted his lawsuit documentation to Kanawha County Circuit Court on November 20.

Ellis, a mechanic for ED Coal from June 2011 to May 14, 2012, said the operator – the named defendant in the suit – violated the West Virginia Human Rights Act for his perceived disability.

Specifically, Ellis said, despite consistently performing his duties and meeting the expectations of his employer, he was terminated from his position while receiving workers’ compensation benefits – benefits he applied for after sustaining an undisclosed work-related injury.

In his documentation, the former miner said he was retaliated against, according to the Record.

Also, when he demanded reinstatement, he claimed the defendant failed to reinstate him to his former position or a comparable new position.

Ellis is seeking an undisclosed amount in compensatory and punitive damages with pre and post-judgment interest.

He is being represented by Bailess Law in the case, filed formally as Case 13-C-2174.

The case has been assigned to Kanawha Circuit Judge Carrie Webster.

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