Thomas Memorial Hospital accused of firing employee over FMLA request

CHARLESTON - Brittany N. Pauley filed suit in U.S. District Court for the Southern District of West Virginia on Oct. 11, naming Herbert J. Thomas Memorial Hospital Association, doing business as Thomas Memorial Hospital, as the defendant.

Pauley claims Thomas Memorial took discriminatory and retaliatory actions against her pursuant to the Family and Medical Leave Act and the West Virginia Human Rights Act.

According to Pauley, she worked at Thomas Memorial starting in January of 2011 as a nursing assistant and unit clerk. Pauley claims she was diagnosed with a major effective disorder in September of the same year which required visits with a psychiatrist and lead to incapacitation for three consecutive days.

Pauley goes on to say she requested information about the FMLA from the Human Resources department in April 2012, after about 12 months of employment with Thomas Memorial. Pauley claims she had her psychiatrist sign off on her FMLA request and submitted it to Thomas Memorial on April 27, 2012.

Allegedly, Pauley was fired on May 1 for failing to report to work on April 29-May 1.

Pauley now alleges she was fired for requesting time off from work under the FMLA. According to Pauley, Thomas Memorial discriminated against her and fired her in retaliation for her attempt to exercise her FMLA rights.

Pauley is seeking back pay and front pay, as well as damages for indignity, embarrassment and emotional distress in the form of punitive damages, injunctive relief and attorneys fees and costs. She is being represented by Charleston attorneys Todd S. Bailess and Joy B. Mega.

U.S. District Court for the Southern District of West Virginia Case No. 2:13-cv-25299