CLARKSBURG — The West Virginia University Alumni Association and the West Virginia University Board of Governors filed answers in a lawsuit alleging they unfairly terminated a former employee from her position.
Mary Kinsley filed a complaint in U.S. District Court for the Northern District of West Virginia against WVUAA and WVU. According to the complaint, in 2017, Kinsley was 55 years old, employed by the WVUAA and did her work consistent with the requirements of the position. Kinsley claims she took a leave of absence to care for her elderly mother on Feb. 13, 2017, and was informed that she would be terminated on March 2, 2017. She has since applied for 25 positions but was not hired for any of them.
WVUAA is accused of ageism and unfair termination.
The WVU Board of Governors responded on behalf of the university, arguing the plaintiff failed to state a claim, was barred for her failure to take reasonable steps in mitigation, is barred because of the statute of limitations, and that the university's decision not to renew her appointment was not the result of any illegal or discriminatory actions.
"The decision to non-renew plaintiff’s appointment would have been made regardless of her exercise of rights under FMLA," the answer states.
WVUAA also wrote in its answer that the plaintiff's non-renewal of her appointment was not related to her application for Family and Medical Leave Act benefits.
The plaintiff is seeking all reasonable sums due, attorney's fees and court costs. She is represented by Mark Atkinson and John-Mark Atkinson of Atkinson & Polak.
WVUAA is represented by Jeffrey Wakefield of Flaherty, Sensabaugh and Bonasso. WVU is represented by Julie Moore and Shelby Hicks-Merinar of Steptoe & Johnson.
The case has been assigned to Judge Irene Keeley.
U.S. District Court for the Northern District of West Virginia case number 1:19-cv-00016