CHARLESTON — A woman is suing Family Care Inc. alleging her employment was wrongfully terminated due to discrimination.
Kimberly Grinstead has a medical condition and Family Care was aware of the disability, according to a complaint filed in Kanawha Circuit Court.
Grinstead claims she was hired as a licensed practical nurse and "floated" four days a week and worked in the defendant's urgent care every Friday for a few months.
After being hired, Grinstead informed her supervisor, Leslie, that she had a scheduled doctor's appointment and needed to be off for that appointment, according to the suit.
Grinstead claims Leslie asked her why she needed an MRI and Grinstead told her because she had multiple sclerosis. Leslie then told Grinstead that her MS would be a problem and that she would not be permitted to go to the doctor's appointment or would be written up if she was absent.
"Thereafter, plaintiff was treated extremely differently," the complaint states. "Leslie then suggested that plaintiff move to work as a phone triage nurse and a float nurse with defendant," the complaint states. "Plaintiff was already working at the UC on Fridays and plaintiff asked Leslie if plaintiff could just work at the UC permanently as the UC was much more accommodating for plaintiff's disability."
Grinstead claims Leslie told her the defendant would not hire anyone else for the UC position and that she could instead work that position. She also requested to be placed at the extra UC desk since he had issues walking due to her disability and the extra desk gave her easy access to patients for injections. Leslie granted the request.
Shortly after Grinstead's reasonable accommodation was granted, the plaintiff began getting called to the supervisor's office for "coaching" which is a form of discipline in which an employee receives three, then receives three write-ups, and then employment is terminated, according to the suit.
Grinstead claims she only received two coachings before she got a write-up. She also claims despite being told no one else would be hired in the urgent care, someone was hired and her desk was given to that person.
The plaintiff was then told to report to a meeting with human resources and her employment was terminated, according to the suit.
Grinstead claims the defendant's actions violated the West Virginia Human Rights Act, was negligent and caused her emotional distress.
Grinstead is seeking compensatory and punitive damages. She is represented by D. Adrian Hoosier II of Hoosier Law Firm in Charleston.
The case is assigned to Circuit Judge Ken Ballard.
Kanawha Circuit Court case number: 22-C-165