WEST VIRGINIA RECORD

WHEELING - A Marshall County woman says she was fired after taking time off from her job at Wheeling Island Race Track and Gaming Center.

Linda Forrester claims she needed the time off after her home was damaged in a September 2004 flood of Wheeling Island and filed a lawsuit Oct. 6 in Ohio Circuit Court against Wheeling Island Gaming and Ken Juneau.

The complaint says she was a 24-year veteran of the facility, and that her termination was motivated by age discrimination and retaliation.

"Forrester alleges that her ultimate termination by Defendants was a wrongful discharge effected in retaliation for Plaintiff exercising her rights in the workplace to personal and/or vacation days and that such retaliatory discharge contravenes a strong public policy of the State of West Virginia," the complaint says.

Juneau was her supervisor and the complaint says he blamed Forrester for misappropriating $2.25 while working at a job in food management that she had not previously done.

"Forrester was terminated from her long-time employment with Wheeling Island Gaming for the stated pretextual reason that she misappropriated $2.25 while working in that area," the complaint says. "Ms. Forrester believes and therefore avers that Defendant Ken Juneau, her superior, was involved in the decision to terminate Ms. Forrester..."

With the loss of her job, Forrester claims to have suffered emotional distress, annoyance, inconvenience, embarrassment and economic damages and seeks compensation.

Nicholas Wininsky of Wheeling is representing Forrester

Judge Arthur Recht has been assigned the case.

Ohio Circuit Court case number 06-C-365