Woman, fired over drug test, sues Southern Highlands

PINEVILLE - A Cyclone resident is suing her former employer over claims of wrongful termination.

Norma Osborne filed a lawsuit April 26 in the Circuit Court of Wyoming County against Southern Highlands Community Mental Health Center Inc., citing wrongful termination and intentional infliction of emotional distress.

Osborne alleges Southern Highlands Community Mental Health Center fired her on Dec. 10 after she allegedly failed a drug test by testing positive for opiates. The plaintiff states that she was lawfully prescribed and taking an opiate, Hydrocodone, and provided her employer with pharmacy records showing Osborne was prescribed Hydrocodone.

The complaint contends the drug test given could not tell the difference between opiates, but the defendant stated Osborne tested positive for Oxycodone. Osborne offered to take a throat swab or hair sample drug test to prove she had not taken Oxycodone, but the defendant refused and fired her, according to the complaint.

Osborne is seeking an undisclosed amount in damages, including reinstatement and backpay. She is being represented in the case by Charleston attorneys Robert H. Miller II and Shawn R. Romano of Romano & Associates PLLC.

Circuit Court of Wyoming County Case No. 13-C-60.