CHARLESTON – A woman is suing NGK Spark Plugs (USA) Inc. after she claims it violated the Family Medical Leave Act and wrongfully terminated her employment.
Doris Scraggs was employed by the defendant from Aug. 19, 1996, until Jan. 12, according to a complaint filed June 5 in Kanawha Circuit Court and removed to federal court on July 20.
Scraggs claims during her employment, she performed her duties in a satisfactory manner and met the defendant's reasonable expectations.
On Dec. 10, 2013, Scraggs' husband was hospitalized with congestive heart failure, liver failure, high blood pressure and diabetes, according to the suit.
Scraggs claims she had previously exhausted her leave available to her under the FMLA and was written up for an absence without leave and this violation should have been removed from her records on Dec. 11, based on the defendant's policy to remove violations after one year from an employee's record.
On Jan. 8, Scraggs phoned the defendant's human resource department and spoke with Susie Ingram and asked if her time was authorized and Ingram assured her that her FMLA was okay, according to the suit.
Scraggs claims Ingram failed to advise her that she had only four hours of FMLA time available and she called the defendant's reporting line and reported that she would be absent on FMLA on Jan. 9, believing her absence was covered.
On Jan. 12, Scraggs received a telephone call from someone known only as Stephanie in the human resource department notifying her that she had exhausted the time available to her under FMLA and she was terminated, according to the suit.
Scraggs claims the defendant was aware of its obligations under FMLA with regard to the plaintiff and willfully chose not to comply.
The defendant acted willfully and maliciously when it unlawfully terminated Scraggs' employment, according to the suit.
Scraggs claims the defendant violated FMLA and the West Virginia Human Rights Act.
As a result of the defendant's conduct toward Scraggs, she suffered emotional distress, which manifested itself in extreme stress, depression, fear, sleeplessness and difficulty in relationships with others, according to the suit.
Scraggs is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Larry D. Ford of Meyer, Ford, Glasser & Radman PLLC.
The case is assigned to District Judge Joseph R. Goodwin.
U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-11357
