Woman says she was demoted by K-Mart due to injury

CHARLESTON – A woman says she was demoted as a manager at the Elkview K-Mart after sustaining an injury at work.

Debra M. Hall filed a lawsuit April 17 against Sears Holding Management Corp.

Hall says she worked at the K-Mart for 18 years, eventually moving up to an assistant manager's position.

On May 8, 2007, she and another K-Mart employee were moving a swing set, the complaint says.

Hall, who was walking backward, stepped onto a pallet jack being pulled by a Pepsi employee making a delivery, according to the complaint. Hall says she fell and injured her neck, back and spine.

She filed a workers' compensation claim. A physician permitted her to return to work with the restriction that she would not work longer than four hours before taking a two hour break before starting another four hour shift, the complaint says.

Her employers refused to follow this restriction, the complaint says.

On Nov. 1, 2008, her manager, Joshua Lasure, demoted her to a part-time hourly sales position, which deprived her of the benefits and salary she previously enjoyed, the complaint says.

However, she was still kept on the list of management-level employees that a security company awakens when an alarm goes off at the K-Mart, the complaint says.

Hall is seeking compensatory and punitive damages.

Roger D. Forman is representing the plaintiff. The case is before Kanawha Circuit Judge Louis Bloom.

Kanawha Circuit Court case number: 09-C-725