Health care worker files wrongful termination suit

LOGAN — A Jackson County woman filed a lawsuit against an energy company alleging retaliatory discrimination in October 2013.

Rhonda Shaw brought a complaint against Gentiva Health Services, Girling Health Care, Nursing Care-Home Health Agency Inc., all of Charleston, and Tammy Thompson, of Chapmanville, on March 18 in Logan Circuit Court, claiming unlawful and malicious termination in retaliation for collecting worker’s compensation in 2012-13.

According to the filing, Shaw was hired by the defendants in 2002 as a home health aide. While turning a patient on July 6, 2012, Shaw was injured. She filed for worker's compensation and received temporary total disability benefits.

At the request of her employer’s insurance carrier, Shaw underwent a physical exam in late April 2013 and was deemed well enough to return to her position. The claim was closed on or about July 3, 2013, according to court documents.

When the plaintiff contacted her employer on or about July 5 to arrange to return to work, she was told her position had been eliminated but that she could reapply for a job. Shaw complied but was not contacted despite numerous attempts to engage with the defendants, according to the complaint.

Shaw alleges that the company advertised a job posting for her position after telling her it was eliminated and that it did not hire her for that position.

Citing violation of West Virginia employment law, failure to rehire, discrimination and complaining of distress, humiliation and anxiety, Shaw seeks injunctive relief, pre- and post-judgment interest, lost wages and benefits, and attorneys’ fees and costs.

She is represented in the case by Larry Ford of Meyer, Ford, Glasser & Radman, and Todd Bailess, both of Charleston. The case has been assigned to Judge Roger L. Perry.

Logan Circuit Court case number: 15-C-60-P