Woman says she was unfairly fired because of depression

By John O'Brien | Dec 8, 2006

HUNTINGTON - A woman claims Wells Fargo Home Mortgage terminated her employment because of the mental impairments from which she suffers and is suing the company.

Crystal Nibert filed her lawsuit Nov. 16 in Cabell Circuit Court, claiming a violation of the West Virginia Human Rights Act.

Nibert says she was hired Aug. 30, 2002, and was required to work 90-hour work week. The complaint says she requested a schedule change because of her mental impairments, which include depression, attention deficit disorder, panic and anxiety.

"The plaintiff was treated differently due to her disability by her employer," the complaint says. "The plaintiff was otherwise discriminated against in the terms, privileges and conditions of her employment due to disability discrimination.

"Plaintiff alleges that the defendant illegally and constructively discharged the plaintiff in violation of the West Virginia Human Rights Act."

Nibert also claims that she was looked over for a promotion because she is a woman.

"The defendant failed and refused to promote the plaintiff to the position of branch manager even though she was the most qualified candidate," the complaint says. "The defendant selected a male whom the plaintiff was required to train.

"The plaintiff was told that she would not be considered for the position due to her attention deficit disorder. Her disability and/or her sex was an impermissible factor in the refusal to promote the plaintiff."

Nibert seeks assignment back to her position as branch manager, backpay, front pay, compensatory damages for mental anguish and punitive damages.

Huntington attorney Dwight Staples of Henderson, Henderson and Staples is representing Nibert.

Judge John Cummings has been assigned the case.

Cabell Circuit Court case number 06-C-862

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