HUNTINGTON – A Huntington woman alleges she was terminated from her employment because of her disability.
Helen Rice filed a complaint Sept. 25 in U.S. District Court for the Southern District of West Virginia against Gabriel Bros. Inc. and Michelle Cantrell alleging disability discrimination and Family and Medical Leave Act interference and retaliation.
According to the complaint, the plaintiff has a thyroid condition that requires her to regularly see a specialist. She alleges she was employed by Gabriel Bros. for two years with no disciplinary actions until Cantrell was hired as a general manager in 2015. She alleges Cantrell would not let her leave to attend doctor's appointments. She alleges she was terminated in January 2016 after reporting that Cantrell was purportedly altering payroll records of certain employees.
The plaintiff holds Gabriel Bros. Inc. and Cantrell responsible because the defendants allegedly refused to allow her to leave for her doctor's appointments, discriminated against her and terminated her employment for requesting FMLA leave.
The plaintiff requests a trial by jury and seeks actual and punitive damages, plus interest, attorney's fees, costs and all other relief to which she is entitled. She is represented by Abraham J. Saad of Saad Dixon Law Offices PLLC in Huntington and John A. Proctor of Frazier Oxley & Proctor LLC in Huntington.
U.S. District Court for the Southern District of West Virginia case number 3:17-cv-04034