WINFIELD – A Putnam County woman says she was wrongfully fired from a McDonald’s after working there for nearly 20 years because she complained about a co-worker who might have been using drugs.
Misha Cobb filed her complaint in Putnam Circuit Court against FMH Inc. and Baltic Capital Inc. FMH operates the McDonald’s location in Milton, which is in Cabell County. Baltic is based in Hurricane, and is owned by the same who own FMH. Baltic does administrative services for FMH.
According to her complaint, Cobb worked for FMH for 19 years and was general manager of the Milton location when she was terminated.
Tammy Bowles
| bowlesraineslaw.com
In November 2020, Cobb says she went to upper management to complain about one employee suspected of being under the influence of drugs. When no action was taken, Cobb says she requested a meeting with the owner/operator of the store.
During that meeting, she says she told him about many issues, including drug use by employees, lack of training and that her complaints were not addressed by her direct supervisors.
Cobb says she had been yelled at by the area supervisor and subjected to a hostile work environment during her time with the company “simply because she had brought concerns about the unsafe conditions, drug use and management issues to her direct management.”
But, Cobb says the meeting backfired. Instead of an investigation into the issues she mentioned, Cobb says she was investigated.
“Plaintiff was off for four days and during this time period, defendant’s upper management came into her store under the pretense of investigating her conduct as a manager, only to intimidate her staff and make it known plaintiff was under suspicion of some kind,” the complaint states. “Upon returning to work, plaintiff asked if they had found anything against her and was told, ‘No … we only heard great things about you.’
“Plaintiff experienced an even more hostile environment as a result of being the target of a meritless investigation by defendants.”
Cobb says she later called the defendants’ main human resources number to make a complaint against the upper management team including the area supervisor.
“She put in the complaint that the area supervisor treated her and other managers and employees in her store poorly by constantly demeaning them, criticizing them and asking inappropriate personal questions,” the complaint states.
On December 2, Cobb says she was contacted by the owner of the defendant companies who informed her she was being terminated.
“She asked if she was going to have a meeting to discuss what the claimed infractions were against her and was told that they are going to part ways and their working relationship was over, after nearly twenty years and no prior write-ups or disciplinary actions against her,” the complaint states. “Defendants content that plaintiff was terminated as a result of an investigation into her conduct which resulted in them finding that she was insubordinate. However, plaintiff denies that she was insubordinate or that she violated any company policy.”
Cobb accuses the defendants of violating the West Virginia Human Rights Act for gender discrimination, age discrimination and retaliation. She also accuses them of violations against public policy and intentional infliction of emotional distress.
She says she has suffered economic damages as well as emotional distress, embarrassment, indignity, humiliation and mental anguish. She seeks compensatory damages, punitive damages, pre- and post-judgment interest, attorney fees, court costs and other relief.
Cobb is being represented by Tammy Bowles Raines of Tammy Bowles Raines Law Office in Charleston.
Putnam Circuit Court case number 21-C-145
