WAYNE -- A woman says she was fired from her job with Fifth Third Bank because she had to take time off work when she became ill.
Tina Mynes filed a lawsuit July 2 in Wayne Circuit Court against the bank, claiming it violated both the West Virginia Human Rights Act and the Family and Medical Leave Act.
Mynes worked as a customer service manager at the bank's Kenova branch, according to the complaint. She started the job on Oct. 9, 2007.
While working at the bank, Mynes says she received incentive awards based on her job performance.
On Dec. 1, 2008, Mynes said she developed a serious health condition and was hospitalized. She was entitled to short-term disability benefits pursuant to her employment contract with the bank, the complaint says.
While Mynes was being treated for the unspecified condition, her physician determined she would need surgery. On Jan. 16, 2009, Mynes says she got a letter stated that her benefits had been extended through March 1.
Mynes underwent surger on Jan. 19, after which her physician determined she wouldn't be able to return to work for at least six weeks.
The plaintiff was discharged from the hospital on Jan. 29. In the meantime, Mynes was diagnosed with colon cancer, the complaint says.
While convalescing at home, Mynes claims that Allen Toppins, vice president of human resources for the bank, called her on Feb. 1 to tell her that her position was being eliminated.
Toppins allegedly told Mynes that her job was being eliminated because of her "transaction count."
"Plaintiff believes that her transaction count was higher than several other branches and that she was actually fired because of her use of medical leave, disability, age and/or sex," the complaint says.
Mynes says she believes other employees were offered other jobs when their positions as customer service managers were eliminated.
On Feb. 6, Mynes says she got another letter telling her that she had less than 14 days of leave time remaining.
Mynes wants the judge to declare that the bank violated the law by firing her; enter a permanent injunction against the bank to prevent future such alleged discrimination; and be awarded full back pay and reinstated to her job.
She's also seeking compensatory and punitive damages.
David L. Grubb and Kristina Thomas Whiteaker are representing the plaintiff.
Wayne Circuit Court case number: 09-C-135