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WEST VIRGINIA RECORD

Friday, March 29, 2024

Former employee says T.P. Chevrolet discriminated against her

 

WINFIELD - A former T.P. Chevrolet Inc. employee says the defendant discriminated against her base of her disability and caused her damages.

Cathy Casto was employed by T.P. and during her employment, was a "qualified individual with a disability" within the meaning of the West Virginia Human Rights Act, according to a complaint filed May 15 in Putnam Circuit Court.

Casto claims during her employment, she consistently performed her duties in a satisfactory manner and met the reasonable expectations of the defendant.

During her employment, Casto became disabled and required a reasonable accommodation of being off work for a period of time and, after informing the defendant of her disability and requesting the period of leave, Casto's employment was terminated, according to the suit.

Casto claims she was disabled within the meaning of the West Virginia Human Rights Act and was discriminated against because of her disability.

As a direct and proximate result of the defendant's actions, Casto suffered lost wages and benefits, according to the suit.

Casto claims the defendant's actions were willful, wanton, malicious and/or undertaken with reckless disregard and/or reckless indifference to the rights of the plaintiff.

As a result of the defendant's actions, Casto is entitled to damages for indignity, embarrassment, humiliation, emotional distress, annoyance and inconvenience, according to the suit.

Casto is seeking compensatory and punitive damages with pre-judgment interest. She is being represented by Mark A. Atkinson and Paul L. Frampton Jr. of Atkinson & Polak PLLC.

Putnam Circuit Court case number: 13-C-155

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