CHARLESTON — A former employee is suing HealthSmart Benefits Solutions Inc., citing alleged violation of the Family and Medical Leave Act and the West Virginia Human Rights Act.

Stephanie Waldron filed a complaint on July 1 in the U.S. District Court for the Southern District of West Virginia against HealthSmart Benefits Solutions Inc., alleging that the former employer fired her when she was pregnant.

According to the complaint, the plaintiff alleges that, on April 4, she experienced complications with her pregnancy, and upon the instruction of her doctor, she had to leave work to seek medical treatment. On April 5, 2016, when she returned to work, she was presented with a final warning that she could be subject to termination based on attendance, the suit says, adding that despite following the defendant's attendance policy, she was terminated on April 21. The plaintiff holds the defendant responsible because the defendant allegedly was motivated to end her employment and to treat her less favorably than other employees due to her pregnancy, and terminated her employment at a time when she was 36 weeks pregnant.

The plaintiff requests a trial by jury and seeks compensation for damages, attorneys' fees and costs, pre-judgment and post-judgment interest and such other relief as the court may deem just and proper. She is represented by Maria W. Hughes and Mark Goldner of Hughes & Hughes PLLC in Charleston.

U.S. District Court for the Southern District of West Virginia Case number 2:16-cv-05923

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U.S. District Court for the Southern District of West Virginia Charleston Division

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