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Thursday, April 25, 2024

Former employee sues rehab center for wrongful termination

HUNTINGTON -- A former employee is suing Huntington Health & Rehabilitation Center after she claims her employment was wrongfully terminated because of an injury.

Eleta Noble, an employee of the defendant, and 25 unknown people were also named as defendants in the suit.

On Feb. 13, 2009, Rose Bailey suffered an on-the-job injury and went to the emergency room at Cabell Huntington Hospital, where she was told she had strained her mid-back and ribs, according to a complaint filed April 21 in Cabell Circuit Court.

Bailey claims after receiving temporary total disability for a few months, she returned to work on light duty, where she remained for several months.

On March 1, 2010, Bailey's physician cleared her to return to normal work duties, but she began to experience pain and on March 29, 2010, her physician put her back on light duty, according to the suit.

Bailey claims when she returned to work, she was told that it did not matter what her physician said and that she would have to resume normal work duties.

After being told this, Bailey contacted her attorney, who sent a letter to Noble informing her that she was discriminating against Bailey for her work injury, according to the suit.

Bailey claims the defendants attempted to force her to return to normal work duties and when she declined, her employment was terminated.

The defendants discriminated against Bailey because of her disability, according to the suit.

Bailey and her husband, Scott Bailey are seeking compensatory and punitive damages. They are being represented by J. Patrick L. Stephens.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 11-C-248

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