West Virginia Record

Thursday, November 14, 2019

Former Diamond Electric Manufacturing Corp. employee alleges disabilities weren't accomodated

By Philip Gonzales | Jan 10, 2018

Wrongful term 07

WINFIELD – A Putnam County woman alleges her former employer discriminated against her because of her age and disability.

Kathy Pointer filed a complaint in Putnam Circuit Court against Diamond Electric Manufacturing Corp. alleging that the former employer violated the West Virginia Human Rights Act.

According to the complaint, the plaintiff was hired by the defendant as a full-time employee in March 2006. The suit states in September 2011, she tripped while working and broke her nose, elbow and wrists. The suit states she was off work and received workers' compensation benefits from Sept. 18, 2011, until Dec. 10, 2011, and returned Dec. 11, 2011, with restrictions from her physician. The suit states she was terminated on Dec. 3, 2015. 

The plaintiff holds Diamond Electric Manufacturing Corp. responsible because the defendant allegedly failed to accommodate her disabilities and terminated her employment after she had finished training a younger and more physically fit person to take her job.

The plaintiff requests a trial by jury and seeks compensatory and punitive damages, pre- and post-judgment interest, attorney's fees and such other just and proper relief. She is represented by David M. Adkins of The Adkins Law Firm PLLC in Hurricane. The case has been assigned to Circuit Judge Joseph Reeder.

Putnam Circuit Court Case number 17-C-235

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The Adkins Law Firm PCPutnam Circuit Court