Lawsuit alleges wrongful termination by MUB

Jan. 19—MORGANTOWN — A lawsuit filed earlier this month in Monongalia County Circuit Court naming the Morgantown Utility Board (MUB) as the defendant, claims a former employee was wrongfully terminated and discriminated against based on age and disability.

The civil complaint states the plaintiff, James P. Turner, was hired by MUB as a meter reader in April 2021 and had, before being officially hired, previously worked for MUB through a temporary staffing agency since January 2021.

Turner claims in the complaint that throughout the duration of his employment he completed all of his job duties in a satisfactory or above-satisfactory manner, and committed no separate dischargeable offense.

Turner, who is 51, stated that he was the oldest employee working in the field and was treated by MUB in a disparate manner based in whole or in part due to his age. He claims younger employees received preferential job duties and routes, while he received less-preferential duties and routes. He also said he was given equipment that did not work properly in an attempt to make completing his job more difficult.

On Sept. 10, 2021, Turner suffered a head injury while at home and received treatment at J.W. Ruby Memorial Hospital the following day. On Sept. 12, two days after the injury, he was seen again in the emergency department due to continued medical issues.

The treating physician wrote a note excusing Turner from work until Sept. 15, followed by light-duty work for around one week, until he was cleared by a specialist. During treatment for the head injury it was determined he has a medical condition which constitutes and meets the definition of disability.

Turner claims he spoke with his supervisor, Edward Dale, verbally discussing Turner's injury, his need for time off, and need for light work as an accommodation. Turner said Dale assured him it was not a problem and not to worry about it. Turner also provided a copy of the doctor's note to MUB.

According to the complaint, when Turner returned to work on Sept. 16 expecting to be given his light-duty work assignment, he was instead handed a letter of termination.

Turner asserts MUB wrongfully, recklessly, carelessly, willfully, wantonly and unlawfully terminated him without cause in an extreme and outrageous manner.

Turner alleges he suffered damages and was wrongfully terminated by MUB because of their failure to provide accommodation, age discrimination in violation of the West Virginia Human Rights Act, and disability discrimination.

As a result of his termination by MUB, Turner claims he has been caused to suffer back pay, front pay, lost wages, lost benefits, loss of future earnings, future loss of benefits, financial hardship, emotional distress, anxiety, embarrassment, and attorney fees.

MUB was asked for comment on the allegations but had yet to respond by press time.

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