Kyla Asbury Jan. 4, 2013, 9:17am
WINFIELD – A former employee is suing Holzer Health Systems, claiming it failed to pay her for her unused paid time off after her employment was terminated and discriminated against her because of her age.
Beth Robinson was employed by Holzer from August 2006 until July 10, according to a complaint filed Dec. 19 in Putnam Circuit Court.
Robinson claims in September 2011, she had required surgery on her elbow by the defendant and following the surgery, she contracted Reflex Sympathetic Dystrophy, also known as Complex Regional Pain Syndrome.
On Sept. 8, 2011, Robinson applied for and was granted Family Medical Leave Act absence, which expired on Nov. 8, 2011, according to the suit.
Robinson claims she requested and was granted a leave of absence due to her Long Term Disability designation placed by her, which expired on Feb. 6, 2012.
On Feb. 28, 2012, Robinson’s physician sent a recommendation to the defendant outlining work restrictions for March and April 2012 and for her to work from home during March and April with a maximum of 20 hours per week, according to the suit.
Robinson claims while she was working from home, the defendant hired a former employee for 20 hours per week in the Marketing Department who was younger than her.
On July 10, Robinson received a letter stating that since her physician had not released her to return to work, it was no longer possible for her to remain an active full-time employee and she would be removed from payroll, according to the suit.
Robinson claims the defendant failed to pay her final wages within 72 hours of discharge.
The defendant’s actions also violated the West Virginia Human Rights Act, according to the suit.
Robinson claims when her employment was terminated, she was not paid her unused sick pay, holiday pay, vacation pay and other paid time off pay.
Robinson is seeking compensatory and punitive damages. She is being represented by Fred F. Holroyd.
The case has been assigned to Circuit Judge Phillip Stowers.
Putnam Circuit Court case number: 12-C-413