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WEST VIRGINIA RECORD

Tuesday, March 19, 2024

Woman alleges she was terminated by HealthSmart Benefit Solutions because of age, medical leave

State Court
Discrimination 11

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CHARLESTON – A West Virginia woman alleges she was fired from HealthSmart Benefit Solutions after 22 years of employment and replaced with a younger employee after she returned from medical leave.

Jeana Baldwin-Higginbotham filed suit in Kanawha Circuit Court against HealthSmart Benefit Solutions Inc., doing business as HealthSmart Casualty Solutions; Smart Casualty Claims; and William Lane over allegations of disability and age discrimination and other counts.

The suit states Baldwin-Higginbotham began working for HealthSmart in 1995 in the company's Charleston office. The suit states while working in the Charleston office, Baldwin-Higginbotham was diagnosed with depression and anxiety due to having to deal with her father's cancer and husband's diagnosis of prostate cancer. 

The suit states Baldwin-Higginbotham, who is 42, applied for medical leave under the Family Medical Leave Act (FMLA) and worked to train a younger employee to facilitate her job duties while on leave. She alleges she returned to work in October 2017.

Baldwin-Higginbotham alleges she was terminated Feb. 8, 2018, and the younger person she had trained resumed her position.  

In her suit, Baldwin-Higginbotham argues she was terminated partially because of her age and replaced with a younger employee and that her firing was also in retaliation for her taking a medical leave.

Baldwin-Higginbotham seeks damages including lost wages, benefits and back pay. She is represented by Todd S. Bailess and Rodney A. Smith of Bailess Smith in Charleston.

The case has been assigned to Circuit Judge Tod Kaufman.

Kanawha Circuit Court case number 19-c-649

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