West Virginia Record

Tuesday, November 12, 2019

Pizza Hut server claims she was fired for taking legal medical leave


By Noddy A. Fernandez | Jan 14, 2019

Wrongful term 07

FAYETTEVILLE — A food server is suing a food company, citing alleged wrongful discharge.

Charleigh K. Newhouse filed a complaint in Fayette Circuit Court against Sugar Creek Pizza, LLC; New River Pizza Hut and Pizza Hut, LLC alleging that they violated the public policy of the State of West Virginia and the Family and Medical Leave Act of 1993.

According to the complaint, during the course of her employment, Newhouse claims she met or exceeded performance standards until she was discharged due to absenteeism. 

She claims she was hospitalized during her absence, which she reported to her employer. In addition, when she made a request to take a leave because of her medical conditions, she was not provided with any documentation referencing the Family and Medical Leave Act of 1993 (FMLA). 

The plaintiff holds Sugar Creek Pizza, LLC; New River Pizza Hut and Pizza Hut, LLC responsible because her employment was allegedly terminated because she took medical leave and/or because she sought to exercise her FMLA rights.

The plaintiff requests a trial by jury and seeks judgment for actual damages, pre- and post-judgment interest, costs incurred, attorney fees and such other relief as the Court deems fair and proper. She is represented by Marc Moore of Hedges, Jones, Whittier & Hedges in Spencer.

Fayette Circuit Court Case number 18-C-206 (B)

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Organizations in this Story

Fayette Circuit CourtHedges, Jones, Whittier & Hedges

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