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Thursday, March 28, 2024

Employee accuses Gabe's of wrongful discharge

Lawsuits
Wrongful term 08

CHARLESTON — A Kanawha County woman is suing a retail clothing store, alleging age discrimination, unpaid wages and wrongful discharge.

Patricia Watson filed a complaint in Kanawha Circuit Court against Gabriel Brothers Inc., alleging violation of the rights of employees under the Family and Medical Leave Act (FMLA).

According to the complaint, Watson, 61, had worked for Gabriel Brothers for 2 1/2 years as a manager. She says the defendant terminated her employment as manager for exercising the right to use her FMLA leave to care for her sick mother.

The suit says Watson has lost and will continue to lose income and benefits, and suffered humiliation, embarrassment, mental and emotional distress and loss of personal dignity, as a result of the Gabriel Brothers' wrongful conduct.  The lawsuit alleges that following Watson's termination, she was not paid all wages due and owing and was replaced by a substantially younger individual. 

The plaintiff alleges Gabriel Brothers terminated Watson in bad faith without reasonable grounds, engaged in reckless disregard of her legal rights under FMLA, and retaliated against her for exercising his FMLA rights.

Watson seeks trial by jury, compensatory and punitive damages, front pay, attorney fees, court costs, interest, and all just relief. She is represented by attorney Richard W. Walters of Shaffer & Shaffer PLLC in Charleston.

Kanawha Circuit Court case number 18-C-1004

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