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Friday, May 3, 2024

Woman says Mineral County Commission wrongfully terminated her employment

State Court
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KEYSER — A woman is suing the Mineral County Commission claiming she was terminated from her employment based on her age.

Barbara A. Hartman was 60 years old at the time of her termination of employment and had been working as a maintenance supervisor since Sept. 1, 1987, according to a complaint filed in Mineral Circuit Court.

Hartman claims on Jan. 15, 2021, she was using an adhesive remover to remove the paper towel holder from the wall in one of the bathrooms when several individuals complained to her supervisor about the smell. 

On Jan. 19, 2021, Hartman was speaking with an employee of the circuit clerk's office and expressed that she was upset that her co-workers were complaining about the smells of cleaning products, which meant she couldn't clean with things like bleach or pine-sol do to their sensitivities, according to the suit.

"At no point during this conversation with Ms. Jennings, did Ms. Jennings or any other employee of Defendant Mineral tell Plaintiff that she was being loud, ask her to speak more quietly or tell her to leave," the complaint states.

On Jan. 25, 2021, Hartman was called into a meeting and informed that she had had conversations too loudly and used inappropriate language, which she respectfully disagreed with. Her employment was terminated three days later.

Hartman claims the defendants wrongfully terminated her employment either due to her gender, age or previous work injuries that constituted disabilities.

Hartman is seeking compensatory damages. She is represented by Ambria Brotton of Klie Law Offices in Buckhannon.

In its answer, the defendant denied the allegations of discrimination. It argues that it is not liable to the plaintiff and that it is immune from her claims.

The defendant denied that any act was taken against the plaintiff by reason of her membership in any protected class or result of a disability or claim.

The defendant is represented by Wendy E. Greve and Matthew R. Whitler of Pullin Fowler Flanagan Brown & Poe.

Mineral Circuit Court case number: 22-C-9

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