PRINCETON – A Bluefield woman says she was wrongfully terminated from her job as a paralegal after she questioned some monetary issues with a Princeton law firm.
Stephanie Russell filed her complaint in Mercer Circuit Court against Smith, Lilly & Ball PLLC.
According to her complaint, Russell was hired by the law firm in May 2018 as a paralegal/legal assistant. She says she had more than 20 years of experience before being hired.
When she was hired, she was told one of her primary functions would be to assist in the reconciliation of the firm’s trust accounts. She says the accounts had been “subject to inappropriate or inadequate review and reconciliation for a period of time,” and the retired office manager briefly returned to the firm to help Russell familiarize herself with the accounts.
In the fall of 2018, Russell says she discovered irregularities, discrepancies and anomalies in the financial transactions in the trust accounts. She says they were transactions involving attorney Phillip B. Ball, who was one of the principals of the firm.
She thought the aberrations were not normal operation and conduct as mandated by the code of professional responsibility. She brought her concerns to the attention of office manager Patti Brown, who forwarded them to Thomas Lilly, who was then the senior member of the firm. She says she thinks the concerns were discussed with Phillip B. Ball, who was set to become an equity holder in the firm along with his brother Greg Ball.
“After Phillip B. Ball became aware of the irregularities in the trust account, the attitude of Phillip B. Ball toward the plaintiff became markedly different,” the complaint states.
In March 2019, Russell was terminated. She was told it was because of job performance and inadequate attendance. She was diagnosed in 2010 with Lupus, which requires periodic medical visits. She says her flare-ups of the disease affect her daily living functions. She says she told the defendants of the diagnosis when she was hired, and she says she voluntarily made up time missed due to medical issues.
Russell says her firing was based at least in part on her discovering trust account irregularities that were condoned by the firm. She says this could be a violation of the West Virginia Code of Professional Responsibility. She also says there are possible violations of the Americans with Disabilities Act and the West Virginia Human Rights Act.
She seeks compensatory damages, including salary and benefits lost. She also seeks damages for indignity, embarrassment, humiliation and emotional distress as well as for violations of the West Virginia Human Rights Act and the Americans with Disabilities Act. She also seeks punitive damages, front pay, back pay, court costs and attorneys fees.
Representatives for Smith, Lilly & Ball did not return messages seeking comment.
Russell is being represented by James R. Sheatsley of Gorman Sheatsley & Co. of Beckley. The case has been assigned to Circuit Judge Mark Wills.
Mercer Circuit Court case number 20-C-126