West Virginia Record

Wednesday, February 26, 2020

Woman says she was discriminated against during employment

State Court

By Kyla Asbury | Feb 4, 2020

Discrimination 12

HUNTINGTON — A woman is suing Chateau Grove Inc. after she claims she was wrongfully terminated from her employment.

Lori Sinclair was employed by Chateau Grove and during her employment, she suffered a work-related injury to her shoulder and neck on July 21, 2017, according to a complaint filed Jan. 17 in Cabell Circuit Court. 

Sinclair claims she received workers' compensation benefits, including permanent partial disability, because of the injury and she received temporary total disability workers' compensation benefits through Feb. 11, 2018.

The plaintiff was then released to return to work and did so until Jan. 17, 2019, when she was told to go home, according to the suit.

Sinclair claims despite never having been formally informed that she'd been terminated or laid off or otherwise separated from her employment, she was never placed back on the work schedule.

The plaintiff was illegally discriminated against when she was separated from her employment due to her disability despite the fact that she was able to perform her job duties, according to the suit.

Sinclair claims she was retaliated against for having filed a workers' compensation claim for a legitimate work-related injury while she was employed by Chateau Grove for which she received workers' compensation benefits.

The lawsuit alleges that by failing to return Sinclair to the work scheduled after Jan. 17, either by discriminating against her due to her disability or retaliating against her for the workers' compensation claim, Chateau Grove acted illegally.

The plaintiff claims because she has a recognized disability and is a member of a protected class, the defendant's actions violated the West Virginia Human Rights Act.

The defendant's actions caused Sinclair to sustain lost wages and benefits, emotional distress, aggravation, annoyance and inconvenience and damages.

Sinclair is seeking compensatory and punitive damages with pre- and post-judgment interest. She is represented by Scott H. Kaminski of Kaminski Law in Charleston.

Cabell Circuit Court Case number: 20-C-16

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