Woman sues WVU Hospitals for failure to hire her
Kyla Asbury Sep. 11, 2012, 5:30am
MORGANTOWN -- A woman is suing West Virginia University Hospitals after she claims it failed to hire her and refused to present her with her personnel file when she requested it.
Amy Jantosz is currently employed by Hospice Car Corporation of Morgantown as a licenced registered nurse, but from 2005 until 2008, she was employed by University Health Associates and/or Ruby Memorial Hospital as a licenced practical nurse, according to a complaint filed Aug. 10 in Monongalia Circuit Court.
Jantosz claims while working to complete her course work to become a registered nurse at West Virginia University, she left her employment with UHA and/or Ruby Memorial Hospital in good standing with no disciplinary procedures ever taken against her.
On Dec. 28, 2011, Jantosz applied for a job and was interviewed at the Urgent Care facility connected with UHA and/or Ruby Memorial Hospital and the following day she was informed that the defendant would like to offer her the job and she had a second interview on Jan. 3, according to the suit.
Jantosz claims on Feb. 17 she inquired as to the status of the position and was told that there had been a bad reference from within the Ruby/UHA system.
Later that afternoon, Jantosz followed-up on the conversation with Kym Gillespie from the defendant's Human Resources department and requested a copy of her application and all notes that went with it, specifically the interview notes and reference checks, and informed Gillespie that she had never had a problem in the past with a bad reference and felt she had been sabotaged or blackmailed by an internal reference, according to the suit.
Jantosz claims Gillespie informed her that the information she requested was confidential and on Feb. 21, she sent a written/certified request for her personnel file and associated information to Beth Walker, the associate general counsel for UHA.
On Feb. 24, Walker informed Jantosz that she had received the letter and was respectfully declining to communicate with her in compliance with Rule 4.2 of the West Virginia Rules of Professional Conduct because Gillespie said Jantosz had told her she was being represented by counsel, according to the suit.
Jantosz claims she informed Walker she was not represented by counsel, nor had she told Gillespie that she was, but Walker declined to release her personnel file.
West Virginia University wrongfully denied Jantosz employment, according to the suit.
Jantosz is seeking for the court to enter an order authorizing WVUH to take the depositions of those involved in her interview for the purpose of perpetuating their testimony pursuant to Rule 30 of the West Virginia Rules of Civil Procedure. She is being represented by Bernard E. Layne III.
Monongalia Circuit Court case number: 12-C-535