Dollar General wants wrongful termination case in federal court

By Ben Hart | Mar 25, 2014

WHEELING -- A Brooke County court case is being moved to the Northern District of West Virginia by the defendants.

Ruth Yost originally filed her lawsuit Feb. 14 in Brooke Circuit Court, saying she was discharged from the defendant's place of business after filing for leave for medical reasons.

The defendants, Jennifer Yost and Jacqueline Overholt, filed notice of removal Feb. 17 to move the case to the Northern District of West Virginia Circuit Court.

According to the original complaint, Ruth Yost was an employee at the Dollar Store General managed by the defendants. Ruth Yost applied for leave under the Family and Medical Leave Act for her hearing problems and pseudo-seizures, conditions covered under FMLA, but was initially denied. The claim states that she was then had hours reduced before ultimately being taken off of the schedule altogether.

Because she was off work, Ruth Yost made inquiries at Dollar General Market about receiving unemployment benefits and was told she was inelegible. When she applied for unemployment benefits, she was harrased and suffered a hostile work environment, before being constructively discharged, according to the claim.

The defendants filed the notice to get the case into the jurisdiction it belongs.

They defendants are being represented in the case by attorneys Christina S. Terek and Eric E. Kinder. The plaintiff is being represented by Patrick S. Cassidy and Timothy F. Cogan, of Cassidy Myers Cogan & Voegelin LC.

Northern District of West Virginia Circuit Court case 5:14-cv-20, Brooke Circuit Court case number 13-C-175

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