Man accuses St. Mary's of discrimination, wrongful termination

By Kyla Asbury | Jun 15, 2015

HUNTINGTON – A Huntington man is suing St. Mary's Medical Center after he claims his employment was wrongfully terminated and he was discriminated against.

On Dec. 12, 2005, Joseph H. Mayo was hired by the defendant as a patient accounts clerk, according to a complaint filed in Cabell Circuit Court.

Mayo claims during the course of his employment, he suffered from episodes of depression and the defendant was aware that he suffered from depression.

In 2014, Mayo received a prescription for Wellbutrin to assist him in quitting smoking and he experienced problems with sleeping due to the prescription, according to the suit.

Mayo claims in July, he experienced irritability and emotional problems and met with the defendant's Employee Assistance Program employee, Debbie Parsons, who recommended Mayo consult with a psychiatrist.

Parsons scheduled for Mayo to see a psychiatrist and shortly thereafter, he was admitted to Riverpark Hospital on Aug. 9, to obtain care for his depression and mental difficulties he had been experiencing, according to the suit.

Mayo claims the defendant knew he had checked himself into Riverpark, however, it did not provide him with any documents, notices or other written materials concerning his entitlement to receive leave and/or job protection under the Family and Medical Leave Act.

The plaintiff spent four days in Riverpark and on Aug. 18, he returned to work, however, the defendant suspended him because it claimed he engaged in behavior that rose to the level of harassment, according to the suit.

Mayo claims on Aug. 25, his employment was terminated and he filed charges against the defendant with the West Virginia Human Rights Commission, asserting that the defendant discriminated against him backed on his sex and race.

Since his termination, Mayo has suffered a loss of wages, emotional distress and other personal damages, according to the suit.

Mayo is seeking compensatory and punitive damages. He is being represented by Hoyt Glazer, Ben Sheridan and Mitchell L. Klein.

Cabell Circuit Court case number: 15-C-302

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