WEST VIRGINIA RECORD

CHARLESTON -- A Charleston woman is suing Encore Management Company after she claims it wrongfully terminated her employment because of her disability.

On Aug. 15, 2005, Joanne Myers began working for the defendant, who was aware that she had previously received temporary total disability and had mobility problems with her legs, according to a complaint filed Aug. 9 in Kanawha Circuit Court.

Myers claims she worked as a manager of the defendant's apartment buildings and began her employment on a part-time basis as a resident manager at the Upper Falls Apartments in Montgomery.

After retaining her position for two years, the defendant requested Myers to manager the Pine Meadows Apartments in addition to the Upper Falls Apartments, according to the suit, which, with the additional responsibility, caused Myers to become a full-time employee and begin receiving benefits.

In November 2008, Myers claims the defendant requested that she manage the Tyler Heights Apartments in Cross Lanes, which gave her the benefit of living in an apartment in Tyler Heights.

In October 2009, Myers developed a Baker Cyst on the back of her leg, but was still able to perform the essential functions of her job, according to the suit.

Myers claims the day after she consulted a surgeon regarding the removal of the cyst, the defendant informed her that it "was aware that her legs are bad and that she had 15 days to get out of her apartment at Tyler Heights and that she would no longer be able to manage the Tyler Heights Apartments."

Myers is seeking compensatory and punitive damages. She is being represented by Tom Price.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 10-C-1418