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WEST VIRGINIA RECORD

Friday, April 19, 2024

Woman claims Jan-Care illegally terminated her employment

Ambulance

BECKLEY – A California woman is suing her former employer, a West Virginia ambulance service, over her alleged wrongful discharge.

Elizabeth Murray filed a lawsuit Nov. 6 in Raleigh Circuit Court against Jan-Care Ambulance and Jan-Care Ambulance of Raleigh County, alleging wrongful discharge.

Murray, who worked for Jan-Care at the time, went on medical leave from Sept. 26, 2014 until her termination on March 16.

Murray was receiving short-term disability benefits while on medical leave, and she kept Jan-Care informed about her condition and progress, the suit states.

In January, Murray's physician released her to return to work on a light-duty basis, but Jan-Care told her there were no light-duty positions available.

The suit alleges that there was in fact a light-duty position available, but it was given to a person who was dating the owner's son.

Jan-Care failed to make reasonable accommodations, the suit alleges, and illegally terminated Murray.

As a result, Murray has sustained emotional distress, loss of wages and earning capacity, loss of benefits, aggravation, annoyance, inconvenience, and humiliation.

Murray seeks compensatory and punitive damages, plus attorney fees. She is being represented by attorney Scott H. Kaminski of Balgo & Kaminski in Charleston. The case has been assigned to Circuit Judge John A. Hutchison.

Raleigh Circuit Court Case number 15-C-937

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