Former Guardian Auto Glass Employee Files Discrimination Lawsuit

A former employee of Guardian Auto Glass in KanawhaCounty, W. Va., has sued the company in Circuit Court there claiming human rights violations and discrimination when he was allegedly fired after injuring his shoulder, according to an official with the clerk’s office.

Josh McCallister injured his shoulder when pulling out a windshield in March, according to a complaint filed with the court. He filed a Workers’ Compensation claim and was awarded benefits. He says he informed his supervisor, Earl Smith, that his doctors would not let him work from March until August. His supervisor was also named as a defendant in the complaint, according to court documents.

In early August, McCallister received a call from Guardian’s third-party administrator in which he was asked to return to work on August 6. He worked in the office from August 6 to August 9, according to the complaint. On August 12, McCallister claims his employment was terminated.

The former employee claims his supervisor “berated him and told him he was being written up for doing homework on company time.” McCallister’s attorneys claim he was doing coursework from an electrical engineering class on his lunch break.

McCallister is seeking compensatory and punitive damages, claiming Guardian Auto Glass and Smith violated the West Virginia Human Rights Act by discriminating against him based on a disability.

A response had not been filed with the court at press time.

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