Health care worker accuses Kanawha County facility operators of retaliation

By Kristine Gonzales-Abella | Dec 14, 2018

CHARLESTON — A health care worker is suing Kanawha County intermediate care facility operators, alleging retaliation and wrongful termination.

Melissa Lively filed a complaint in Kanawha Circuit Court against The Mentor Network, REM West Virginia LLC, et al, alleging violation of the West Virginia Patient Safety Act.

According to the complaint, on Nov. 17, 2016, Lively was terminated for her employment, leading to lost wages and benefits, indignity, embarrassment and humiliation. The plaintiff alleges the defendants failed to respond and investigate her complaints about inadequate staffing and an insufficient amount of food for residents. Instead, the suit says, the defendants retaliated against Lively and terminated her employment.

Lively seeks trial by jury, compensatory and punitive damages, interest, attorney fees, court costs and all other just and equitable relief. She is represented by attorneys Rodney A. Smith, Todd S. Bailess and Jeffrey A. Foster of Bailess Smith PLLC in Charleston.

Kanawha Circuit Court case number 18-C-1376

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