Former employee sues PJ's Preschool & Daycare for wrongful termination

By Kyla Asbury | Mar 9, 2010

CHARLESTON -- A former employee is suing PJ's Preschool & Daycare and two of its employees for wrongful termination.

Erin Casto was employed as a teacher at the daycare from Aug. 1, 2008, until Aug. 19, 2009, according to a complaint filed Feb. 18 in Kanawha Circuit Court.

Casto claims Pamela Simpkins and Roxanne Hanson terminated her employment and informed her that the reason for her discharge was because a parent of a child at the preschool was threatening to file a lawsuit over a report Casto made to child protective services.

The termination of Casto's employment "is intolerable in a civilized society as it violated the public policy of West Virginia, which mandates the reporting of child abuse and neglect," according to the suit.

Casto claims her termination discourages and serves to chill a policy that is designed to protect children from neglect and abuse.

The defendants also failed to pay Casto her wages within 72 hours, according to the suit.

Casto is seeking lost wages and benefits; reinstatement; statutory damages for wages not timely paid; fees and costs; and damages for humiliation, mental stress and inconvenience. She is being represented by Paul S. Perfater and Roger D. Forman.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 10-C-313

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