Woman sues Highland-Clarksburg Hospital for discrimination, wage payment violations

By Kyla Asbury | Oct 14, 2016

CHARLESTON – A woman has filed a class action lawsuit against Highland-Clarksburg Hospital after she claims it discriminated against her and other class members and violated the West Virginia Wage Payment and Collection Act by failing to timely pay wages.

Paula Herndon was also named as a defendant in the suit.

Lisa Lipscomb and the class were subjected to a hostile work environment, terminated/constructively terminated, subjected to a hostile work environment created by the defendants, required to work while being short-staffed and not paid timely, among other things, according to an amended complaint filed in Kanawha Circuit Court.

Lipscomb claims she brings the class action lawsuit on behalf of all persons who have filed a worker’s compensation claim against the defendant or have been subjected to a hostile work environment; and have been either actually or constructively terminated by the defendants or are still subjected to the hostile work environment.

The defendant short-staffed its nurses in violation of West Virginia code and created a hostile work environment for all of its nurses by short staffing, which subjected the class to a dangerous condition and deprived their patients of expected care, according to the suit.

Lipscomb claims the defendant threatened employees from being able to vote for union with their jobs, or misrepresented to the employees that they could not vote for the union when they cold and it forced employees to defraud OSHA and other inspections by moving BHTs to different floors during inspections to look as if the defendant was in compliance.

The defendant also routinely changed its policies when employees complained so it would not be in violation of its own procedures after the complaint and failed to timely pay employees in violation of the West Virginia Wage Payment and Collection Act, according to the suit.

Lipscomb claims the defendants violated the West Virginia Human Rights Act and were a breach of contract.

The defendants also violated public policy and the West Virginia Wage Payment and Collection Act, according to the suit.

Lipscomb is seeking compensatory damages. She is being represented by D. Adrian Hoosier II of Lord Hoosier PLLC.

The case is assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 16-C-1016

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