CHARLESTON – A Mingo County woman claims she was wrongfully terminated from her job because she took a medical leave.

Tina Spence filed a complaint Jan. 16 in Kanawha Circuit Court against WV EMS TSN Inc. and the West Virginia Office of Emergency Medical Services alleging wrongful discharge and negligent infliction of emotional distress.

According to the complaint, the plaintiff began working for the defendants in February 2012. The suit states in August 2016, she injured her back and was required to take time off work. She alleges she received workers' compensation benefits related to the injury.

The plaintiff alleges she has been released by her physicians to return to work but the defendants have failed to maintain her employment status and failed to accommodate her. She alleges she was terminated Dec. 21, 2016.

The plaintiff holds WV EMS TSN Inc. and West Virginia Office of Emergency Medical Services responsible because the defendants allegedly terminated her employment in retaliation for taking the required medical leave and wrongfully claimed that she was on arrears on medical insurance premiums.

The plaintiff requests a trial by jury and seeks compensatory damages, plus interest, attorney's fees, costs and all other relief that the court may deem just and proper. She is represented by Scott H. Kaminski of Kaminski Law PLLC in Charleston. The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number 18-C-43




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