HUNTINGTON – A former employee is suing Cabell County Commission in federal court for discrimination and Family and Medical Leave Act violations.
Donna L. Wintz was employed by the CCC on the Cabell Circuit Clerk's Office for more than 13 years, until her termination on April 28, according to a complaint filed July 31 in the U.S. District Court for the Southern District of West Virginia.
Wintz claims the defendant unlawfully terminated her employment, in violation of FMLA, the West Virginia Human Rights Act and West Virginia common law prohibiting retaliation against persons with disabilities.
On April 1, 2002, Wintz was hired as a deputy clerk and worked full time at the clerk's office, where she met or exceeded her duties as a deputy clerk, according to the suit.
Wintz claims in 2015, she received a cancer diagnosis and advised the defendant that she would require surgery on her kidney.
In March, Wintz underwent successful surgery on her kidney, which caused her to miss approximately one month of work, according to the suit.
Wintz claims when she returned to work she experienced less favorable treatment and interaction by CCC employees.
Cabell County Circuit Clerk Jeffrey Hood informed Wintz on April 28 that "this was not working out" and terminated her employment.
Wintz claims she had never received any indication that she was not doing her job properly until after she had started treatment and undergone surgery for her cancer.
The plaintiff suffered lost wages and benefits, lost retirement benefits, emotional distress, humiliation, embarrassment and ridicule, according to the suit.
Wintz claims her termination was an interference with her FMLA rights and was in retaliation for her exercising her rights and engaging in protected conduct under FMLA.
The defendant discriminated against Wintz based on her disability or perceived disability, according to the suit.
Wintz claims the defendant also discriminated against her based on her age and in violation of West Virginia Public Policy.
Wintz is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Hoyt Glazer, Ben Sheridan and Mitchell L. Klein of Klein, Sheridan & Glazer LC.
The case has been assigned to District Judge Robert C. Chambers.
U.S. District Court for the Southern District of West Virginia case number: 3:15-cv-11696
