PHILIPPI – A former Barbour County Emergency Squad employee says she was forced to resign from her job after she complained about a paramedic working with COVID-19 and refusing to wear a mask.
Jessie Findley filed her complaint against BCES, an emergency transport service, in Barbour Circuit Court. Robert Jones was the director and her direct supervisor.
According to the complaint, Findley was hired by BCES on October 19, 2018, as an EMT. In July 2020, another BCES employee appeared for work after being tested for COVID-19 after having been on vacation in a “hot spot” before he received the test results.
The employee refused to wear a mask as required, and his test later confirmed he had COVID.
Findley told Jones she would have to be tested for COVID because the coworker refused to wear a mask. She said she wouldn’t return to work until she received a negative result. She said her husband suffers from severe asthma, so she and her family took extra precautions to avoid contracting COVID.
Findley’s husband complained on social media that he and his family were being forced to be tested because of the situation.
On July 9, 2020, Jones told all BCES employees that Findley had reported them to the Barbour County Health Department. She said she had not done so. But she says her husband did call the health department July 13 to report the situation.
On July 17, 2020, Jones issued a press release on social media saying the employee was following BCES COVID-19 response policy. It also said that Findley’s husband “began bashing the paramedic, myself and our agency” about the paramedic’s positive test “without knowing the facts or even attempting to find out the truth before making his posts.”
On July 21, Findley says she filed a written complaint with the interim director of the state Office of Emergency Medical Services about the issues, including the harassment she faced after complaining. She listed the employees who refused to work with her after Jones retaliated against her.
The next day, Findley met with Jones and others. He told her many staff didn’t want to work with her and that citizens called to say they didn’t want her responding to calls at their residences.
“Mr. Jones also stated approximately six times during the meeting that plaintiff should just leave,” the complaint states.
She says she was forced to resign on July 29, 2020.
She accuses BCES of retaliation in violation of the state Patient Safety Act, retaliation in violation of state public policy and constructive discharge. She says she has suffered injuries and damages, including back pay, front pay, loss of benefits, humiliation, mental anguish, emotional distress, anxiety, fear, embarrassment, humiliation and financial hardship.
Findley seeks compensatory damages, punitive damages, interest, court costs, attorney fees and other relief. She is being represented by Ambria Britton of Klie Law Offices in Buckhannon.
In its answer to the complaint, BCES denies the allegations and seeks to have the case dismissed. It is being represented by Chip Williams and Jared Underwood of Pulling Fowler Flanagan Brown & Poe.
Barbour Circuit Court case number 21-C-40
