Lawsuit against RSCR West Virginia removed to federal court, dismissed

CHARLESTON - A lawsuit involving a former employee claiming she was wrongfully fired from RSCR West Virginia Inc. was removed to federal court, where it was settled last year.

A removal was filed in Kanawha Circuit Court on May 12, 2011, by Spillman Thomas & Battle PLLC attorneys Eric W. Iskra and Joseph D. Garcia, who were representing RSCR West Virginia.

On May 24, 2012, an Agreed Order of Dismissal with Prejudice was filed in the U.S. District Court for the Southern District of West Virginia at Charleston.

In the dismissal order, it states that Cynthia Stewart and RSCR announced to the court that the matter had been resolved and both parties jointly moved the Court to dismiss the action.

U.S. District Court Judge John T. Copenhaver Jr. presided over the case.

In June 2010, Stewart was employed as a caregiver at the defendant’s facility, according to a complaint filed March 28, 2011, in Kanawha Circuit Court.

Stewart claimed 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 claimed 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 was seeking compensatory and punitive damages with pre- and post-judgment interest. She was being represented by Michael L. Glasser and Sean W. Cook of Meyer Ford Glasser & Radman PLLC.

U.S. District Court for the Southern District of West Virginia at Charleston case number: 2:11-cv-00328