Ex-employee accuses Mercer nursing home of wrongful termination

By Carol Ostrow | Sep 15, 2015

PRINCETON - A Mercer County woman is suing a Charleston nursing care business claiming wrongful discharge following her hospitalization in 2014.

Lillian Marline Milam filed a lawsuit against Mercer Nursing & Rehabilitation Center LLC in Mercer Circuit Court on Sept. 3, alleging breach of contract in December 2014.

The suit states that Milam, hired by the defendant in fall 2014, suffered a medical emergency on or about Dec. 1, 2014, culminating in gall bladder surgery. The plaintiff contends that throughout her hospitalization, she kept her employer informed of her status and provided all required documentation of her absence.

The grievance states that the plaintiff was terminated by written letter on Dec. 23, 2014, with the reason given being that the woman’s mother had contacted the employer at one point rather than the plaintiff herself.

According to the complaint, the defendant’s termination was based neither on job performance or disciplinary issues, but rather on the company’s perception of disability, and in alleged violation of state public policy. Milam argues that no effort was made to provide reasonable accommodations for her medical status or to engage interactively with her to resolve the issue.

Milam claims that that the defendant’s actions were intentional and deliberate. She claims physical and emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life.

The plaintiff seeks back pay and benefits, reinstatement or front pay, compensatory and punitive damages, pre- and post-judgment interest, attorneys’ fees and costs.

The plaintiff is represented by Stephen Farmer and Matthew Nelson of Farmer, Cline & Campbell in Morgantown, West Virginia. The case has been assigned to Circuit Judge Omar Aboulhosn.

Mercer Circuit Court case number 15-C-316-OA

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