CHARLESTON — A lawsuit against Union Carbide Corporation for wrongful termination has been removed to federal court.
The lawsuit named Union Carbide Corporation and The Dow Chemical Company as defendants in the suit.
"The United States District Court for the Southern District of West Virginia has original jurisdiction over this matter because this case involves citizens of different states (complete diversity) and the amount in controversy exceeds $75,000, exclusive of interests and costs," the notice of removal states.
The case involves citizens of different states and no defendant is a resident of West Virginia, according to the notice.
"While the Plaintiff's Complaint is silent as to the citizenship of the Defendants, such silence does not defeat diversity jurisdiction," the notice states.
Julia Tyson was employed by Union Carbide as a chemical operator beginning in 1986 and she consistently performed her duties in a satisfactory manner, according to the complaint initially filed in Kanawha Circuit Court in September.
During her employment, her actual employer changed periodically with the purchase of or mergers with similar companies in the chemical manufacturing or production business, but she performed the same job duties in the same facility during her career, according to the suit.
Tyson claims during her employment she took federal Family and Medical Leave Act in 2016 and returned in February 2017 after she had to have surgery on her knee. The following year, she had a right knee arthroscopy and she had to have another surgery, which required her to take FMLA again. She returned to work in March 2018.
Tyson claims when her employment was terminated, the defendant cited her job performance from 2016, despite the fact that in years after the alleged job performance issues, she received favorable job evaluations and raises.
The plaintiff was told her job was being eliminated, but she later discovered it was not and that she was being replaced, according to the suit.
Tyson claims the defendants violated the West Virginia Human Rights Act for age and gender discrimination. She claims the defendant also violated public policy.
Tyson is seeking compensatory and punitive damages with pre- and post-judgment interest. She is represented by Tammy Bowles Raines of Tammy Bowles Raines Law Office PLLC is Charleston.
U.S. District Court for the Southern District of West Virginia Case number: 2:19-cv-00813
