HUNTINGTON — A wrongful termination lawsuit involving a former KFC employee in Wayne was removed to federal court.
Lois Chaney originally sued Tri State Food Systems, dba Wayne KFC, in Wayne Circuit Court on June 25. The complaint was removed to the U.S. District Court for the Southern District of West Virginia on July 15.
The defendant argues that the federal court has jurisdiction over the case because while Chaney is a resident of Wayne, Tri State Food Systems is a Kentucky corporation, according to the notice of removal. The defendant also claims the amount Chaney is seeking in damages is more than the $75,000 threshold for state court.
Chaney began her employment with KFC on Nov. 26, 2016, according to the suit. Chaney claims she informed the manager she had diabetes, was dyslexic and had signs of post-traumatic stress disorder during her interview. Another employee began calling Chaney "stupid," "retarded," "dumb" and "fat" beginning in February 2017, according to the suit. The following month, the general manager and another employee allegedly also began using derogatory terms to refer to Chaney.
Chaney claims she told the general manager that she did not want to be called names and the general manager said she'd make sure it didn't happen anymore.
"The general manager, did not, however, take care of the matter, and she and other employees continued to use derogatory remarkers when referring to Ms. Chaney," the complaint states.
Chaney claims another employee also began propositioning her to leave her husband and participate in sex parties in February 2017.
The plaintiff also told the general manager about being propositioned and the general manager laughed about it and told her to ignore it, according to the suit.
Chaney claims her co-worker continued the unwelcome sexual requests and suggestions after she had reported the incidents to the general manager.
The plaintiff then reported the unwelcome remarks to the owner of the restaurant on Dec. 4, 2017, and reported suspected drug use by other employees to the owner on Dec. 7, 2017.
Ten days later, she was fired after she was accused of not paying for a slice of cheesecake, according to the suit.
Since her termination, Chaney has not be able to find suitable and gainful employment, according to the suit.
Chaney is seeking compensatory damages with pre- and post-judgment interest. She is represented by Hoyt Glazer of the Law Office of Hoyt Glazer.
Tri State Food Systems is represented by Brian Moore and Kelsey Haught Parsons of Dinsmore & Shohl.
U.S. District Court for the Southern District of West Virginia case number 3:19-cv-00519