West Virginia Record

Monday, July 15, 2019

Woman accuses Autism Services Center of retaliation

By Kyla Asbury | Aug 17, 2017

HUNTINGTON – A woman is suing Autism Services Center after she claims it retaliated against her for obtaining a second job.

Whitley Hundley began working for the defendant on Oct. 19, 2014, according to a complaint filed July 20 in Cabell Circuit Court.

Hundley claims during her initial period of employment, she became pregnant and left her position with the defendant in late January or early February 2015. Her supervisor told her she was leaving in good standing and would be welcomed back after the birth of her daughter.

The plaintiff remained off work for a period of approximately eight months during which time she gave birth to her daughter and resumed her employment on Oct. 27, 2015, according to the suit.

Hundley claims in July 2016, her daughter was diagnosed with multiple serious conditions for which she receives continuing treatment and supervision by a healthcare provider.

Despite being a single mother, Hundley worked hard to cover shifts when she was asked, often requiring her to find last-minute child care or bring her daughter to work, according to the suit.

Hundley claims she periodically requested and required time off from work to assist in caring for her daughter’s serious health conditions, including her daughter’s doctor’s appointments and the defendant did not, at any time following her notice of her need for leave, provide her with notice of her rights or eligibility for FMLA leave to care for her daughter.

In late summer or early fall of 2016, Hundley obtained a second job at Autism Management in Cabell County and informed the defendant that she needed fewer hours in order to work her second job, according to the suit.

Hundley claims on Oct. 5, 2016, her supervisor told her that he did not care if she had another job, that she was “unloyal” and that she “needed to figure it out.”

The plaintiff believed her supervisor’s comments were a threat that he would terminated her employment or otherwise retaliate against her because she had a second job, according to the suit.

Hundley claims on Nov. 26, 2016, although she was not scheduled to work, Hundley was called to one of the defendant’s homes by co-workers who required her assistance in caring for a client, as she was one of two individuals with whom the client cooperated.

Upon her arrival, Hundley observed the client was in the kitchen visibly upset and advised the client to lie down in his room, try to calm down and that she would be there shortly to talk to him. She spoke with the client and then reported what she was told to her client’s father, according to the suit.

Hundley claims she then requested and received approval to give the client his required medication early so that he would not be disturbed later, which she worried would cause him to become more agitated. The client eventually calmed down and Hundley left the residence.

On Nov. 28, 2016, Hundley worked her scheduled shift with the same client and, while at work, she was called into her supervisor’s office and the defendant alleged that she had yelled and cursed at a client living in a group home and placed her on suspension, according to the suit.

Hundley claims the next day, the defendant terminated her employment based on the alleged inappropriate interaction and/or verbal abuse.

The defendant retaliated against Hundley for obtaining a second job and violated the Family and Medical Leave Act, according to the suit.

Hundley is seeking compensatory and punitive damages. She is being represented by Hoyt Glazer of the Law Office of Hoyt Glazer.

The case is assigned to Circuit Judge Alfred E. Ferguson.

Cabell Circuit Court case number: 17-C-415

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Organizations in this Story

Cabell Circuit Court Law Office of Hoyt Glazer