Coal miner sues employer after allegedly being fired over jury duty
A Republic man is suing his employer in Fayette County Court for firing him over his obligation to serve on jury duty.
Terry Rugola, represented by attorney Elizabeth Pollock-Avery, filed the complaint against Mepco Inc, a Morgantown, West Virginia-based coal mining company, on Wednesday.
According to the complaint, Rugola, who had been employed by Mepco since 2007, was summoned for jury duty for March 3 and 4. He was scheduled to work the 7 p.m. to 7 a.m. shift during that time.
The complaint states Rugola called his supervisor, mine superintendent James Price, and explained he had jury duty coming up, which would conflict with his work schedule. Price allegedly suggested Rugola leave work two hours early to give himself time to get to jury duty.
The Sunday before jury duty was to begin, Rugola realized he “would not be able to work a 12-hour shift, in addition to the commute, and still be able to attend jury duty the morning his shift ended,” Pollock-Avery wrote, so he called into work and asked a clerk to post a note requesting a personal or vacation day to cover his March 2 shift.
Price reportedly told Rugola he had arranged for another employee to come in early to cover for him beginning at midnight, and asked Rugola if that was ok.
The complaint states Rugola was agreeable regarding that arrangement, but after his first day of jury duty, he “realized the immense difficulty involved in coming to work for the following shift and returning for jury duty again”.
When Price encountered Rugola following the first day of jury duty and asked if he would still be ok with working till midnight again, Rugola said he would rather not.
“Price immediately became angry, raising his voice and grumbling as he stormed out of the room,” Pollock-Avery wrote.
Rugola claims he wanted to clarify the issue with Price, and went to speak with him about asking another employee to cover for the rest of the shift for him. Price, according to the complaint, became enraged, and accused Rugola of giving him attitude.
When Rugola objected and said he believed Price was being disrespectful, Price told Rugola to go, he was fired.
“It is against public policy in Pennsylvania for employers to terminate their employees for responding to jury duty service or serving as a juror,” wrote Pollock-Avery.
Rugola is seeking unspecified back wages, damages and costs.