Today, we have a wrongful termination news story for you out of the state of West Virginia. This case may be unfolding on the other side of the country, but it is being watched closely by people all over the United States. A woman has brought a law suit against the West Virginia Department of Health and Human Resources-Bureau for Child Support Enforcement because she feels her employment has been wrongfully terminated.
According to a complaint filed in Kanawha Circuit Court late last month, the woman states she was employed by the organization from 2006 through Sept. 8, 2011. The woman claimed she was employed in the company’s Logan office, and in 2007 she became seriously ill with a medical condition. The suit goes on to add that after multiple tests and physician visits in 2009 or 2010, she was eventually diagnosed with Colitis and Crohn’s disease. She claims that during this period of time she always shared the proper medical excuses with her employer while also using sick leave as directed.
In March 2010, she received a written note of disciplinary warning due to the fact that her sick leave fell below 40 hours. Her problems persisted, which led to the woman reporting her supervisor to her company’s EEO Officer.
Over the next year, the woman was consistently required to turn in doctor’s excuses. In June of 2011 she was suspended for five days for not producing an excuse for each day she was off sick.
It was in August of 2011 that the woman received a letter from her employer that she was being terminated for failing to provide the appropriate doctor excuses. She claims that her employer violated the West Virginia Human Rights Act.
Every employee, regardless of location and employer, has the right to work without having to worry about being wrongfully terminated. Unfortunately, these types of cases come up from time to time and it is now up to the judge to decide what to do next.
The West Virginia Record, “Woman sues DHHR, alleges wrongful termination” Kyla Asbury, Sep. 11, 2013