HUNTINGTON — Cardinal Health says a lawsuit alleging discrimination should be dismissed for failure to state a claim.
The plaintiff’s claims are barred, in whole or in part, and any recovery of damages is precluded, because any employment action taken by the defendant with respect to the plaintiff was for legitimate, non-retaliatory business reasons, the May 5 answer states.
"Plaintiff’s claims for damages are barred to the extent that the amount sought may violate substantive and procedural safeguards guaranteed to Defendant by the United States and West Virginia Constitutions," the answer states. "Plaintiff’s claims for damages are further barred to the extent that the imposition of such damages is not rationally related to, or is grossly excessive in relation to, legitimate federal and state interests."
Elden Wolford was employed by Cardinal and was a full-time employee working 40-hour weeks making more than $19 per hour and received health and pension benefits during his employment, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
Wolford claims in August 2021, his wife suffered a brain bleed and was admitted to the hospital on Aug. 25, 2021. Wolford immediately notified his supervisor, Christopher Nelson, that he would be unable to report to work because he needed to take care of his wife.
Wolford claims he requested FMLA leave application, but the defendant never sent it to him.
On several occasions, he reached out to the human resources department, but on Sept. 10, 2021, he was informed he was suspended with pay and on Sept. 14, 2021, he was informed his employment was terminated, according to the suit.
Wolford claims he was discriminated against for attempting to take FMLA leave to care for his sick wife.
Wolford is seeking compensatory and punitive damages. He is represented by Hoyt Glazer of Glazer Saad Anderson in Huntington.
Cardinal is represented by Marla N. Presley and Andrew F. Maunz of Jackson Lewis in Pittsburgh.
U.S. District Court for the Southern District of West Virginia case number: 3:21-cv-00592
