Amedisys Home Health alleged to have unlawfully terminated employee after complaint filing

By Carrie Bradon | Jun 13, 2019

CHARLESTON – A Kanawha County woman alleges she was unlawfully terminated from her job after filing a complaint with human resources regarding taxes.

January E. Gilbert filed a complaint in Kanawha Circuit Court against Amedisys West Virginia LLC, doing business as Amedisys Home Health of West Virginia, alleging violation of the West Virginia Human Rights Act, wrongful termination and other counts.

The suit states that the plaintiff began her employment with the defendant as an account executive/representative on May 4, 2015, and regularly met or exceeded her performance quota from October 2015 to October 2016. On Aug. 2, 2016, the plaintiff's immediate supervisor began to transfer the plaintiff's accounts to other employees, which would prevent the plaintiff from meeting her quota. 

The plaintiff alleges she filed a complaint with human resources when she learned in February 2017 that the defendant had not taken federal taxes out of her pay for two years. She alleges she never signed a document exempting the defendant from doing so.

The plaintiff alleges after filing her complaint, she was placed on a plan of action in March 2017 for not meeting her quota, which the plaintiff refused to sign. The suit states the plaintiff was terminated on April 27, 2017, for allegedly submitted inappropriate expenses.

The plaintiff alleges she was unlawfully terminated. 

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Jon D. Hoover of Hoover Law PLLC in Barboursville.

Kanawha County Circuit Court case number 19-C-409

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