Woman accuses Nicholas County Commission of wrongful termination

By Kyla Asbury | Jun 17, 2014

SUMMERSVILLE - A former employee is suing the Nicholas County Commission and the sheriff after she claims her employment was wrongfully terminated.


SUMMERSVILLE - A former employee is suing the Nicholas County Commission and the sheriff after she claims her employment was wrongfully terminated.


8Lynda Sue Osbourne was hired by a former sheriff and the Nicholas County Commission as an employee of the sheriff's office on Dec. 7, 1977, and eventually advanced to the position of chief tax deputy, where she served for approximately 11 years, according to a complaint filed May 1 in Nicholas Circuit Court.


Osbourne claims after Sheriff David P. Hopkins took office on Jan. 1, 2013, she continued to perform her usual duties until Dec. 2.


Soon after Hopkins took office, Osbourne informed him that she intended to retire on July 31 and in April 2013, Hopkins told Osbourne of his selection for her job and she began to train her for the transition.


Osbourne claims on Dec. 2, Hopkins entered the tax office and informed her in front of employees and several taxpayers that her services were no longer needed and gave her no reason or cause for terminating her employment.


The defendants violated the constitutional rights guaranteed to Osbourne by the West Virginia Constitution.


Osbourne also claims the defendants violated her due process and property rights.


As a result of the defendants' conduct, Osbourne suffered a loss of employment; wages and benefits; economic and financial losses; retirement benefits; and sever emotional distress due to the termination of her employment, according to the suit.


Osbourne is seeking compensatory and punitive damages.


She is being represented by Kathryn Reed Bayless of Bayless Law Firm.


Nicholas Circuit Court case number: 14-C-53


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