Lack of pre-termination hearing results in lawsuit

By Audrey Holsclaw | Jul 7, 2008

BERKELEY SPRINGS -- A Berkeley Springs woman is suing her former employer -- Morgan County Assessor John Swaim and the Morgan County Commission following her termination.

Filed on June 24, the suit states that Cindy Moore was hired in January 2006 as an office deputy, and on Feb. 2, 2007, she received a written notice of immediate termination from Swaim.

According to the Morgan County Employment Personnel Policy Handbook, Moore was entitled to a hearing conducted prior to her termination, but she was not provided with such a hearing.

Filed by David Hammer of the Martinsburg firm of Hammer, Ferretti & Schiavoni, the suit states that the Morgan County Commission and Swaim also failed to pay Moore all the wages owed to her within the allotted 72 hours as per the West Virginia Wage Payment Act.

Filed in the United States District Court for the Northern District of West Virginia, the suit states that Moore is seeking general damages in an unnamed amount, back pay, reinstatement or front pay, punitive damages, liquidated damages, reasonable costs, and attorneys' fees.

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