MOUNDSVILLE — A married couple's lawsuit against the wife's former employer, Retina Specialists PLLC and Dr. George Condax, and against insurer The Hartford Insurance Company cites alleged discrimination, violation of civil rights and wrongful or constructive termination.
Brenda Shuman and Joel Shuman filed a complaint on June 13 in Marshall Circuit Court against the defendants, alleging that they violated the West Virginia Code and the West Virginia Human Rights Act.
According to the complaint, the plaintiffs allege that during plaintiff Brenda Shuman's employment, she was subjected to a hostile work environment as a result of her sex and as a result of her status of an employee who had sustained an injury/disability in the course of her employment. Those employment conditions forced her to resign on May 9, 2015, the suit claims. As a result of the alleged constructive termination, she suffered damages including economic harm, the suit alleges. The plaintiffs holds the defendants responsible for allegedly depriving Brenda Shuman of her right to file a timely worker's compensation claim, maintaining a fraudulent and discriminatory policy against employees who were injured on the job and threatening them with disciplinary action if they file workers compensation claim.
The plaintiffs request a trial by jury and seek compensatory damages for her injuries and disability; for lost economic opportunity, back pay and front pay; for emotional damage, humiliation and embarrassment; and for punitive damages. They are represented by Patrick S. Cassidy of Cassidy, Cogan, Shapell & Voegelin LC in Wheeling and Paul J. Harris of Harris Law Offices in Wheeling.
Marshall Circuit Court Case number 16-C-994