Former employee sues John W. Clark Oil Company, Clark's Pump 'N' Shop for wrongful termination

By Kyla Asbury | Apr 7, 2010

CHARLESTON -- A former employee is suing John W. Clark Oil Company and Clark's Pump 'N' Shop after she claims she was wrongfully terminated from her employment.

Beverly Ann Mullins began working for the defendants in August 2000 as an assistant manager, according to a complaint filed March 17 in Kanawha Circuit Court.

In June or July 2004, Steven McCormick became the new store manager, according to the suit.

Mullins claims at some point in May 2005 her job title was changed from assistant manager to cashier, but that despite the change, she continued to make the same amount of money.

On May 15, 2007, while lifting a tote full of canned food, Mullins suffered a lower back injury while working, but did not timely file a workers' compensation claim because she assumed the condition would resolve itself. On Dec. 31, 2007, while emptying trash cans at work, she again suffered a back injury, as well as a left hip injury.

Mullins claims she immediately notified Libby Martin, the assistant manager, but that Martin did not know where the incident report forms were located, she was not able complete the form until the next day. Mullins saw her primary care physician on Jan. 2, 2008, according to the suit.

Mullins claims on Feb. 25, 2008, she received two employee disciplinary reports signed by McCormick for not wearing a back brace and for failing to complete a company incident report.

On Feb. 26, Mullins was confronted about filing a workers' compensation claim and discouraged from pursuing it further, according to the suit.

On March 15, Mullins claims she fell over a "wet floor" sign while working and was injured. On March 18, she claims when she handed in her work excuse from the hospital, she was handed a termination report form.

Mullins claims the defendants terminated her employment because of her disability and in doing so, violated the West Virginia Human Rights Act.

Mullins is seeking compensatory and punitive damages. She is being represented by Kendal E. Partlow and John C. Blair.

The case has been assigned to Circuit Judge James C. Stucky

Kanawha Circuit Court case number: 10-C-515

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