MARLINTON – A Hillsboro woman is suing her former employer claiming she was fired while on workers' compensation leave.
Tina Dowdy filed a lawsuit Sept. 3 in Pocahontas Circuit Court against Genesis Healthcare LLC and Jud Worth, citing violations of the West Virginia Human Rights Act and the West Virginia Workers' Compensation Act, emotional distress and negligence.
Dowdy claims she was injured on July 5, 2013, while working as a certified nursing assistant at the Genesis Pocahontas Center, trying to stop a resident from falling. Dowdy alleges she filed for workers' compensation and was granted leave. Dowdy further claims that on Dec. 12, 2013, she received a letter from her boss, Worth, that she was being terminated and that her Family and Medical Leave Act leave had expired. The complaint states that Dowdy had surgery related to the injury in February 2014, was released to return to light duty work in July 2014, and that her temporary disability benefits were terminated in August 2014.
Dowdy claims she was unlawfully terminated and subjected to violations of her civil rights, her workers' compensation, and undue emotional distress. Dowdy is seeking lost wages and benefits, as well as front pay, emotional distress damages, punitive damages, pre-judgment interest, and such further relief as the court deems fit. Dowdy is represented by Richard W. Walters of Shaffer & Shaffer in Charleston. The case has been assigned to Circuit Judge James J. Rowe.
Pocahontas County Circuit Court case number 15-C-33