Former employee says Elana Health wrongfully terminated employment

By Kyla Asbury | Apr 25, 2013

CHARLESTON - A former employee is suing Elana Health for wrongful termination of employment after she claims she was fired while on medical leave for her breast cancer diagnosis.

CHARLESTON - A former employee is suing Elana Health for wrongful termination of employment after she claims she was fired while on medical leave for her breast cancer diagnosis.

Respiratory Therapy Services LLC is doing business as Elana Health.

Natalie Rose Hudnall was employed by the defendant for approximately two years until she was terminated on May 7, according to a complaint filed April 12 in Kanawha Circuit Court.

Hudnall claims her employment was terminated despite the fact that she was on medical leave because she had been diagnosed with breast cancer from April 16, 2012, until May 11.

During the course of her employment, Hudnall consistently performed her duties in a satisfactory manner and met the defendant's reasonable expectations, according to the suit.

Hudnall claims prior to May 7, she was diagnosed with breast cancer and the defendant continued to discipline her for missing work due to complications with her very aggressive cancer.

The defendant terminated Hudnall's employment while she was on pre-authorized medical leave for her condition and further terminated her medical insurance while she was receiving treatment for cancer, according to the suit.

Hudnall claims the defendant's actions violated the West Virginia Human Rights Act and caused her indignity, embarrassment, humiliation and emotional distress.

Elana Health's actions were willful, wanton and/or undertaken with reckless disregard and/or reckless indifference to Hudnall's rights, according to the suit.

Hudnall is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by D. Adrian Hoosier II of the Hoosier Law Firm PLLC.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-719

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