Mason Co. woman sues former employer for wrongful termination

By Kyla Asbury | Dec 16, 2010

CHARLESTON -- A Mason County woman is suing her former employer after she claims her employment was wrongfully terminated.

Rebecca Jane Peck was employed by All Med, LLC, until March 8, according to a complaint filed Nov. 19 in Kanawha Circuit Court.

Peck claims her employment was terminated unfairly.

On Oct. 13, 2009, Peck suffered a serious injury to her right leg and ankle, which required her to have surgery the following day, according to the suit.

Peck claims she returned to work on Nov. 12, 2009, but upon returning, she remained temporarily disabled and still suffered periods of severe pain and swelling in her leg and ankle.

All Med was aware of Peck's temporary physical disability and provided her with a flexible work schedule, permitting her to arrive at and leave work work as required by her disability, pain and suffering and ability to obtain transportation to and from work, according to the suit.

But, on March 8, Peck claims All Med rescinded the accommodations and terminated her employment, "stating to her that she mad missed too much work."

Upon termination, All Med improperly and unlawfully withheld $285 from Peck's last paycheck, which represented vacation and sick leave, according to the suit.

Peck claims All Med unlawfully discriminated against her.

Peck is seeking compensatory and punitive damages and to be reinstated to her employment. She is being represented by Charles D. Perfater.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 10-C-2096

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