HUNTINGTON — VEP Healthcare denies allegations against it in a discrimination lawsuit filed by a former employee.
VEP Healthcare argues that the plaintiff's claims are barred because she failed to exhaust her administrative and/or internal remedies first, according to an answer filed in Cabell Circuit Court.
"Plaintiff's recovery is limited to the extent that she has failed to mitigate her damages," the answer states.
The defendant did not engage in any conduct that was extreme and outrageous and any loss or damage suffered was not sufficiently severe to maintain a claim for emotional distress damages, according to the answer.
The defendant contends that it always acted in good faith and without malice.
"Plaintiff was an at will employee subject to termination with or without cause and with or without notice," the defendant argues. "To the extent any alleged discriminatory and/or retaliatory conduct occurred, it was committed by individuals acting outside the scope of their employment and/or by separate entity(ies) other than Defendant VEP."
The defendant wants to be dismissed from the complaint. It is represented by David S. Russo and Lindsay Stollings of Robinson & McElwee in Charleston.
Kelsey McKinney filed the lawsuit against VEP Healthcare and Mountain Health Network after she was terminated from her employment as a physician assistant.
McKinney claims she was employed by the defendants for approximately four years and consistently made good-faith reports of instances of wrongdoing and/or waste and/or advocated on behalf of a patient or patients with respect to care, services or conditions.
Because of these complaints and reports, she was subjected to hostile and harassing treatments by agents of the defendants and when she informed them of the treatment, nothing was done. She was then terminated from her employment on Aug. 14, 2020.
"When making the decision to terminate the plaintiff's employment, defendant VEP and defendant Mountain Health were motivated by the complaints/reports..." the complaint states. "The reason(s) given...was/were pretextual."
McKinney is seeking compensatory and punitive damages. She is represented by Mark A. Atkinson of Atkinson & Polak in Charleston.
The case is assigned to Circuit Judge Christopher Chiles.
Cabell Circuit Court case number: 21-C-401
