CHARLESTON – A Putnam County woman alleges her former Eleanor employer terminated her in retaliation for taking medical leaves.
Sheila L. McCoy filed a complaint Nov. 16 in U.S. District Court for the Southern District of West Virginia, Charleston Division against Diamond Electric MFG. Corp. alleging that the former employer violated the Family Medical Leave Act.
According to the complaint, the plaintiff began employment with the defendant in 1997 as a production employee and requested FMLA leave in July 2016 for four days. The suit states she again requested FMLA leave in October to care for her father and took a leave in December 2016 after cutting her finger. The suit states she was terminated Dec. 29, 2016.
The plaintiff holds Diamond Electric MFG. Corp. responsible because the defendant allegedly interfered with her ability to exercise her rights under the FMLA and retaliated, discriminated against her and terminated her employment for asserting her FMLA rights.
The plaintiff requests a trial by jury and seeks punitive damages, injunctive relief, attorneys' fees, costs and such other just and equitable relief. She is represented by Jeffrey A. Foster and Todd S. Bailess of Bailess Smith PLLC in Charleston.
U.S. District Court for the Southern District of West Virginia, Charleston Division case number 3:17-cv-04329