Former employee accuses Williamson heath care facility of disability discrimination

By Jenie Mallari-Torres | Nov 19, 2018

CHARLESTON — A former employee is suing a Williamson  health care facility, alleging violation of the West Virginia Human Rights Act and wrongful termination.

Trista Muncy filed a complaint in U.S. District Court for the Southern District of West Virginia against Williamson Treatment Center LLC, alleging the defendant violated the rights of employees to family and medical leave.

According to the complaint, Muncy was wrongfully terminated from her position Aug. 10, 2017. Muncy says she has suffered economic and personal injuries, including lost wages and interest, lost benefits, aggravation, emotional distress, humiliation, loss of dignity, mental anguish and other damages.

The suit accuses the defendant of unlawful and discriminatory conduct in refusing to provide Muncy with the right to seek FMLA leave for her medical condition and retaliated against the plaintiff by terminating her employment for attempting to avail herself of additional accommodations after an unsuccessful surgery. 

The plaintiff alleges Williamson Treatment Center failed to provide reasonable accommodations requested by Muncy and approved by her physician, failed to provide reasonable accommodation that would allow Muncy to continue working for the defendant, and discriminated and retaliated against the plaintiff by terminating her employment.

Muncy seeks trial by jury, compensatory, general and punitive damages, costs of litigation, attorney fees, costs, interest, and all other legal and equitable relief. She is represented by attorneys Robert B. Warner and Kameron T. MIller of Warner Law Offices PLLC in Charleston.

The case was removed from the Mingo Circuit Court to the U.S. District Court for the Southern District of West Virginia.

U.S. District Court for the Southern District of West Virginia case number 18-C-1324

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Mingo Circuit Court U.S. District Court for the Southern District of West Virginia Charleston Division Warner Law Offices PLLC

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