A West Virginia man filed a lawsuit against the Lewis County Board of Education, claiming unjust termination of his employment as a bus driver. He is now awaiting the judge's decision over whether the case will go to a trial by jury. The bus driver claims he was fired unjustly because of his weight.
According to the complaint, the man was disabled after falling off a tractor, preventing him from driving the school bus for two years. He asserts that, upon his return to work, the board allowed him to operate a bus. During his second day back at work, he claims to have been instructed to take a physical agility test. He contends that ordering him to perform the test was a discriminatory action because only new drivers are typically subjected to such tests.
It is said that he failed the test. Upon a unanimous vote of the board members, his employment was terminated. It is alleged that, under the West Virginia Code, the test is not recognized as a legitimate basis for firing an employee of a public school. The man further asserts that the test he was subjected to cannot determine a person's physical competency for a particular job.
The bus driver seeks reinstatement to his previous position, along with compensation for lost wages. Workers in West Virginia who believe that they were fired unjustly or that they were discriminated against at work may benefit from consulting an experienced employment law attorney. A lawyer can help pursue a claim for monetary damages for wrongful discharge in appropriate circumstances.
Source: inquisitr.com, " WV: Bus Driver Believes He Was Fired From His Job Because Of His Weight", Aug. 15, 2015