CHARLESTON – A woman claims she was wrongfully terminated from her job after the owner and other employees falsely told customers she had tested positive for COVID-19.
Mary A. Roberts filed her complaint in Kanawha Circuit Court against Sumeat Namsupak and SMN LLC doing business as Max’s Place. Max’s Place is a lottery establishment located in Kanawha City.
According to her complaint, Roberts worked at Max’s Place as a lottery attendance. During the week of October 7, 2020, she says owner/operator Namsupak and other employees falsely told customers Roberts had COVID-19 and that she was terminated. She says that was in violation of the West Virginia Human Rights Act in retaliation of a perceived or regarded disability.
Hoosier
Roberts accuses the defendants of violating the Human Rights Act because of disability discrimination, retaliation for being perceived and regarded as disabled, failure to accommodate disability and failure to accommodate perceived and regarded disability as well as for negligent infliction of emotional distress and for negligent hiring and retention.
She seeks compensatory damages for lost wages, lost benefits, mental and emotional distress as well as punitive damages, court costs, attorney fees and other relief.
In a self-filed answer, Namsupak denies the allegations and seeks to have the case dismissed.
Namsupak also says records show Roberts last worked September 15, 2020, and was unable to get in contact with Roberts after that. He says he was forced to fill the position after Roberts “abandoned her position.”
He also alleges that because of that time window, the original complaint was filed outside of the two-year statute of limitations.
In addition, Namsupak also says SMN employs fewer than 12 people, so it doesn’t meet the criteria of an employer under the West Virginia Human Rights Act. Such complaints against businesses with fewer than 12 employees need to be addressed with the West Virginia Human Rights Commission within one year of the alleged discrimination.
Roberts is being represented by D. Adrian Hoosier of Hoosier Law Firm in Charleston. The case has been assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number 22-C-842