WINFIELD — A woman is suing Nippon Thermostat of America alleging she was discriminated against and wrongfully terminated from her employment.
Haruka Kataoka was also named as a defendant in the suit.
Jennifer J. Yarborough was employed by Nippon as a production worker in its Frazier's Bottom facto from November 2018 until she was unlawfully terminated on Feb. 19, 2020, according to a complaint filed in Putnam Circuit Court.
Yarborough claims she always performed her duties in a satisfactory manner and met her employer's reasonable expectations.
Prior to employment, the plaintiff had injured her left ankle while she was serving in the U.S. Army and was also diagnosed with PTSD, and during her employment, she began to experience issues with her ankle and sometimes the pain was so bad it impacted her ability to walk, according to the suit.
Yarborough claims she was temporarily unable to work in July 2019, but prior to that she had never received any discipline related to her work performance.
"Throughout Plaintiff's time off work, she had definite return-to-work dates, which were extended from time to time based upon her response to medical treatment," the complaint states. "Plaintiff diligently kept the Defendants abreast of the status of her return to work."
Yarborough claims each time she would turn in her doctor's excuse stating she needed to continue being off work, Kataoka would infer that her job may be in jeopardy and would leave her in limbo for several days while the defendants made a decision as to whether she could keep her job.
Yarborough claims she was asked to resign from her employment multiple times by the defendants.
On Dec. 30, 2019, the plaintiff's treating physician released her to return to work on Jan. 13, 2020, where she was restricted to eight hours per workday until Feb. 11, 2020.
Yarborough claims she returned to work on Jan. 13, 2020, and worked until Jan. 21, 2020, when she then went to the emergency department for pain in her ankle. She was released to return to work on Jan. 27, 2020, with light duty restrictions until Feb. 11, 2020, but the defendants refused to accommodate the restrictions. She was then terminated on Feb. 19, 2020.
The defendants violated the West Virginia Human Rights Act, according to the suit.
Yarborough claims the defendants discriminated against her.
Yarborough is seeking compensatory and punitive damages. She is represented by Michael P. Addair of Addair Law Office in Hurricane.
Putnam Circuit Court case number: 22-C-20
