Vanscoy Chiropractic Corporation Holistic Health Center is doing business as Teays Valley Medicine & Rehab.
American Family Life Assurance Company of Columbus was also named as a defendant in the suit.
Sonia Mitchell was employed by Vanscoy, and, during the course of her employment, she directed Vanscoy to deduct set sums of money from her earned wages to pay to AFLAC as a premium payment for a cancer indemnity policy and a policy for disability insurance , according to a complaint filed March 27 in Putnam Circuit Court.
Mitchell claims from August 2014 until December 2014, Vanscoy deducted the sums, however, in January 2015, the defendant continued to deduct the money, but failed to pay the premiums between January 2015 and July 2015.
In August 2015, the defendant failed to deduct the money from Mitchell’s wages and, upon inquiring with an AFLAC agent, she learned of Vanscoy’s actions, according to the suit.
Mitchell claims AFLAC demanded she pay the premiums in full, but she was financially unable and AFLAC then canceled her cancer indemnity policy and her disability insurance policy.
On Nov. 12, 2015, Mitchell was diagnosed with cancer and, on Nov. 20, 2015, she left her employment, according to the suit. Vanscoy tendered her final paycheck on Nov. 21, 2015, and Mitchell deposited it into her bank account.
Mitchell claims Vanscoy then ordered a stop payment with the bank against the final paycheck and, as a result, the final paycheck was ultimately dishonored by Vanscoy’s bank and Mitchell’s bank removed the funds that had already been placed into Mitchell’s account, causing several drafts on her account to be dishonored and fees to be incurred.
Later, Vanscoy again issued the payment of the final paycheck amount, according to the suit.
Mitchell claims she had a double mascectomy with reconstruction in January 2016.
Due to the defendants’ misconduct, Mitchell suffered and will continue to suffer both economic and non-economic damages, according to the suit.
Mitchell claims the defendants violated various statutes and the West Virginia Wage Payment and Collection Act.
The defendants were also unjustly enriched at Mitchell’s expense, according to the suit.
Mitchell is seeking compensatory and punitive damages. She is being represented by Daniel L. Holstein of Holstein Law Office.
Putnam Circuit Court case number: 17-C-51
