Kanawha caregiver says she was wrongly fired

By Kyla Asbury | May 2, 2011

CHARLESTON -- A former employee is suing RSCR West Virginia after she claims her employment was wrongfully terminated.

In June 2010, Cynthia Stewart was employed as a caregiver at the defendant's facility, according to a complaint filed March 28 in Kanawha Circuit Court.

Stewart claims during her employment she became aware that a patient had suffered abuse by staff members in violation of state and federal regulations and reported the incident of abuse by placing a phone call to West Virginia Adult Protective Services.

Shortly after reporting the incident, Stewart was confronted by management personnel, who proceeded to interrogate her and admonish her for reporting the abuse, according to the suit.

Stewart claims the defendant then informed her that it would accept her resignation, but she had no intention of resigning. She claims her employment was then terminated.

The defendant wrongfully terminated Stewart's employment in retaliation for reporting abuse, according to the suit.

Stewart is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Michael L. Glasser and Sean W. Cook.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 11-C-506

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