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Kearneysville man sues for discrimination and invasion of privacy

MARTINSBURG-- Isaac Ferguson, through counsel, has sued Aggregate Industries Building Materials, LLC, doing business as Bradstone.  Mr. Ferguson, a former employer of Bradstone, located in Harpers Ferry, West Virginia, filed a three count complaint alleging disability discrimination, workers compensation discrimination, and invasion of privacy. 

In his complaint, Mr. Ferguson states that he began working at Bradston on December 5, 2005 and was employed as a yard supervisor.  The complaint states that on February 26, 2009, Mr. Ferguson sustained a work injury to his lower back.  Following this injury, Mr. Ferguson was required to submit to drug testing on four different occasions even though the employer had no reasonable suspicion that the plainitff was under the influence of drugs or alcohol. 

After his work injury, Mr. Ferguson filed a workers' compensation claim which was ruled compensible.  According to his complaint, Mr. Ferguson returned to work following his injury on restricted medium to light duty.  Mr. Ferguson claims that on April 28, 2009, he was cleared to return to full duty by his treating physician but that defendant did not allow him to return to full duty.  Instead, on May 13, 2009, defendant reduced plaintiff's work hours and then terminated him from employment on May 19,2009.  After Mr. Ferguson was terminated from employment, the defendant continued to hire employees at the facility where he was employed.

Ferguson claims that the actions taken by Bradstone violated the disability provisions of the West Virginia Human Rights Act, the anti-retaliation provisions of the West Virginia Workers' Compensation Act, and were an invasion of his privacy. 

Ferguson is represented by Martinsburg attorney Harry P. Waddell.

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