FAYETTEVILLE – A McDowell County woman is suing her former employer, a West Virginia tungsten carbide products manufacturer, after allegedly being fired overly a newly acquired disability.
Kimberly Smith filed a lawsuit on May 28 in Fayette Circuit Court against Remet Products, doing business as Tungste-Met, alleging disability and gender discrimination, violation of public policy, and intentional infliction of emotional distress.
The suit states Smith began working as a press operator at Tungste-Met's Oak Hill facility in August 2013. In December 2013, Smith suffered a medical emergency that rendered her disabled according to the West Virginia Human Rights Act.
While hospitalized, Smith claims, she contacted Tungste-Met regularly to provide updates on her prognosis. Tungste-Met assured Smith that her job was secure, according to the suit.
When she was discharged, Smith was a qualified individual with a disability, but the suit states Tungste-Met terminated her employment on the basis of her disability and/or gender on Jan. 22, 2014.
Smith then sought and received a full medical release from her physicians and approached Tungste-Met for reinstatement of her position, but Tungste-Met refused and failed to accommodate or reinstate her, the suit states.
Smith seeks economic, non-economic, and punitive damages, plus interest and attorney fees and costs.
She is represented by Tammy Bowles Raines of Tammy Bowles Raines Law Office in Charleston, and by Stephen P. New and Amanda J. Taylor in Beckley. The case has been assigned to Circuit Judge John W. Hatcher Jr.
Fayette Circuit Court Case number 15-C-143