Nursing assistant accuses facility of constructive discharge

By Philip Gonzales | Oct 17, 2018

RIPLEY — A certified nursing assistant is suing a Jackson County elder care facility and supervisor, alleging gender and religious discrimination, hostile work environment and constructive eviction.

Denver Warren Rowley filed a complaint in Jackson Circuit Court against Eldercare of Jackson County LLC and Twylia Richards, alleging violation of the West Virginia Human Rights Act.

According to the complaint, on March, 14, 2016, Rowley was forced to resign his employment due to continuous harassment. He says he has suffered lost wages and benefits, humiliation, mental anguish and emotional distress. 

The plaintiff alleges Eldercare of Jackson County and Richards subjected him to disparate treatment, a hostile work environment and discrimination and retaliated against him for reporting violations of patient safety laws.

Rowley seeks trial by jury, compensatory and punitive damages, plus interest, costs, attorney fees and all other just relief. He is represented by attorney Erika Klie Kolenich of Klie Law Offices PLLC in Buckhannon.

Jackson Circuit Court case number 18-C-69

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Jackson Circuit Court Klie Law Offices PLLC

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