WEST VIRGINIA RECORD

CLARKSBURG - A woman is suing her ex-employer after being fired following allegedly abusive behavior by the company owner.

Nola Fitzgerald filed a lawsuit Aug. 8 against Double R Traffic Control LLC in the Circuit Court of Harrison County, citing gender discrimination, wrongful termination, intentional infliction of emotional distress and tort of outrage.

Fitzgerald says she was hired by Double R on July 22, 2012, as a supervisor and general manager. She says at the time of her hire she was visibly pregnant.

Fitzgerald says that at the end of September 2012, she called in late to work because she was suffering from morning sickness due to her pregnancy. She alleges that on Oct. 3, she was advised that due to being late to work she was being demoted to a "flagger" position that required her to stand between eight and 10 hours during her shift.

The complaint alleges that on Oct. 4, the owner of Double R, Chance Richie, told Fitzgerald that she would be discharged from her general manager position and made a "flagger." Fitzgerald alleges that during this discussion, Richie used abusive language and behavior telling her that he could do what he wants and if she didn't like the demotion she could quit.

According to the complaint, on Oct. 8, Fitzgerald was informed that she had been fired from her employment.

Fitzgerald is seeking an undisclosed amount of damages and court costs. She is also seeking $3,500,000 in punitive damages. She is being represented in the case by Lewisburg attorney Jeffrey S. Rodgers.

The lawsuit was removed to U.S. District Court for the Northern District of West Virginia on Sept. 9.

The removal notice filed by the defendants says a diversity of citizenship exists between the parties and the amount in controversy exceeds a $75,000 threshold.

Circuit Court of Harrison County Case No. 13-C-345.
U.S. District Court for the Northern District of West Virginia Case No. 1:13-cv-201.