CLARKSBURG — A licensed practical nurse is suing PrimeCare Medical of West Virginia Inc., a health care service, citing alleged interference with the Family and Medical Leave Act of 1993.
Charles Salisbury filed a complaint on June 2 in the U.S. District Court for the Northern District of West Virginia Clarksburg Division against PrimeCare Medical of West Virginia Inc., alleging that the health care service failed to inform him that he was qualified for the FMLA leave and terminated his employment.
According to the complaint, the plaintiff alleges that in December 2014, he noticed that the defendant changed his time sheets and immediately brought this issue up. In response, the defendant limited his working hours and removed him from the PRN schedule, he claims, adding that the defendant terminated his employment on Sept. 29, 2015, for not being able to work in the medical department in October. The plaintiff worked for more than 1,250 hours per year and was supposed to be qualified to take FMLA leave, which he could have used upon the delivery of his first child, he claims. The plaintiff holds the defendant responsible because the defendant allegedly failed to inform him of his rights as an employee to file for FMLA leave despite being aware that the plaintiff's wife was pregnant. Furthermore, the defendant continued the employment of other staff who were in similar situations as the plaintiff, he claims.
The plaintiff requests a trial by jury and seeks back wages, liquidated damages, compensatory damages, reinstatement and/or front pay, the costs of litigation, including court costs, any expert witness fees, reasonable attorney's fees, and all other remedies allowed by the FMLA; actual damages for lost wages, lost compensation and fringe benefits and compensatory damages for annoyance, inconvenience, embarrassment, humiliation and distress; punitive damages; prejudgment and postjudgment interest; and such further relief as supported by the law. He is represented by Hoyt Glazer of Law Office of Hoyt Glazer, PLLC in Huntington.
U.S. District Court for the Northern District of West Virginia Clarksburg Division Case number 1:16-CV-104