Wiggins v. Eastern Associated Coal Corp.

McGRAW, Chief Justice:

This is an appeal from an order by the Circuit Court of McDowell County dismissing the appellant’s action seeking damages for his wrongful discharge. The circuit court ruled that the appellant’s exclusive remedy was through the administrative complaint procedures detailed in the anti-discrimination provisions of the federal and state mine safety laws. 30 U.S.C. § 815(c) (1982); W.Va. Code § 22A-1A-20 (1985 Replacement Vol.). Alternatively, the court below ruled that, because the appellant had pursued his complaint under the federal but not the state statute, he had…