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Friday, April 19, 2024

Nursing assistant alleges youth assistance facility violated rights

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HUNTINGTON — A Cabell County woman is suing a Huntington youth assistance facility, alleging deliberate intent to not inform her of her rights.

Andrea Harless filed a complaint Feb. 18 in U.S. District Court for the Southern District of West Virginia against Charles W. Cammack Children's Center Inc., alleging failure to comply with the provisions of the Family and Medical Leave Act of 1993.

According to the complaint, in 2014, Harless provided aid care for her father while he underwent dialysis, and she informed her supervisors that she needed to take time off to take care of her father. On Nov. 18, 2015, the suit says Harless was accused of falling asleep on the job and was given a disciplinary action. She says she had no choice but to resign because she believed she had to make a choice between caring for her father or keeping her job. 

The plaintiff alleges the defendant failed to notify and inform the plaintiff with the required, individual notice of her rights and her eligibility to take FMLA leave to care for her father.

Harless seeks trial by jury, back wages, damages, reinstatement, front pay, costs of litigation, pre- and post-judgment interest and all proper relief. She is represented by attorney Hoyt Glazer of Law Office of Hoyt Glazer, PLLC in Huntington.

U.S. District Court for the Southern District of West Virginia Case number 3:17-cv-01307

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