CHARLESTON -- A Kanawha County woman is suing Liberty Candy Co. after she claims it wrongfully terminated her employment for filing a workers' compensation claim.

Debbie Schmitt was employed by the defendant for about 11 years, according to a complaint filed Feb. 13 in Kanawha Circuit Court.

Schmitt claims in April 2010 she missed several weeks of work due to a severe pulmonary condition.

In June 2011 Schmitt injured her back and filed a workers' compensation claim and was off work until Nov. 21, 2011, when she was informed by the defendant that her employment was terminated.

Schmitt claims the defendant's actions constitute an unlawful retaliatory discharge that was motivated in whole or in part by her attempt to receive workers' compensation benefits.

The defendant's actions caused Schmitt to suffer lost wages and benefits, according to the suit.

Schmitt is seeking compensatory and punitive damages with pre-judgment interest. She is being represented by Mark A. Atkinson.

The case has been assigned to Circuit Judge Charles King.

Kanawha Circuit Court case number: 12-C-277

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