WHEELING – A Wheeling woman is suing Silgan Plastics Corporation after she claims she was discriminated against because of her disability.
On Aug. 20, 2013, Edna J. Tullius, who was employed by Silgan, was informed by letter that she was terminated from active employment effective Aug. 17, 2013, according to a complaint filed Aug. 11 in Ohio Circuit Court and removed to federal court on Nov. 23.
Tullius claims she was on short-term disability leave from Feb. 19, 2013, until Aug. 17, 2013, through a policy issued to her through Silgan.
The defendants were aware that she was on short-term disability leave before her termination and were aware that she had also applied for long-term disability that was also available to her through her work at Silgan before her termination, according to the suit.
Tullius claims she recovered from her disability and has the capacity to return to her former position at Silgan, but the defendant did not offer to reinstate her even though it knew she could come back to work.
The defendant violated the West Virginia Human Rights Act and caused Tullius damages.
Tullius is seeking compensatory and punitive damages with pre- and post-judgment interest. She is representing herself.
The defendant is represented by David L. Delk Jr. of Grove & Delk PLLC.
The case is assigned to District Judge Frederick P. Stamp Jr.
U.S. District Court for the Northern District of West Virginia case number: 5:15-cv-00149