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WEST VIRGINIA RECORD

Wednesday, April 17, 2024

Woman claims firing was related to her pregnancy

Lawsuits
Wrongful term 10

WHEELING — An x-ray technician/medical assistant is suing a hospital and a clinical director, citing alleged pregnancy discrimination, violation of the West Virginia Human Rights Act, gender-plus discrimination and family responsibility discrimination.

Kimberly J. Kelly filed a complaint in Ohio County Circuit Court against Alecto Healthcare Services Ohio Valley LLC,  et al. alleging that they terminated her employment due to her pregnancy and pregnancy-related condition.

According to the complaint, Kelly alleges that in October 2016 she began her maternity leave and gave birth on Nov. 11, 2016. She applied for short-term disability on or about Nov. 28 due to complications in her pregnancy and after giving birth with an estimated return to work date of Feb. 6, 2017. On Jan. 27, 2017, she received correspondence from Goodwin essentially stating that her employment was terminated but she was welcome to apply for any available position for which she might be qualified. 

The plaintiff holds Alecto Healthcare Services Ohio Valley LLC, et al. responsible because they allegedly took unlawful action against her due to her pregnancy and the serious medical conditions related to it.

The plaintiff requests a trial by jury and seeks compensatory damages and other general damages, punitive damages, pre-judgment interest, attorney's fees and costs. She is represented by Nicholas A. Wininsky of Wininsky Law Offices in Pittsburgh.

Ohio County Circuit Court Case number 18-C-295

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