CHARLESTON — A Clay County woman sued Summit BHC West Virginia alleging she was wrongfully terminated from her employment.
Summit BHC West Virginia LLC is doing business as Highland Hospital.
Jaime S. Smith was employed by the defendant as a behavioral health technician from Nov. 16, 2020, until March 15, 2021, according to a complaint filed in Kanawha Circuit Court.
Smith claims in January 2021, the defendant began making changes, including reducing the number of behavioral health technicians and cutting security at the facility.
Smith claims she noticed the facility was not being staffed with enough behavioral health technicians, nurses or security personnel to properly care for patients, control violence by patients and ensure the safety of the staff or patients.
The plaintiff complained about understaffing, lack of security and lack of proper patient care throughout January and February 2021, according to the suit.
Smith claims she refused to work 16 to 18-hour shifts and refused to falsify Medicare billing documents while she was working.
On March 9, 2021, a behavior health technician trainee was left alone to supervise teenage patients in the Day Room and when Smith walked it, she informed patients that the lights needed to be on.
"An argument ensued in which one particularly violent patient insisted that another BHT allowed them to have the lights off," the complaint states. "The BHT in question subsequently arrived at the scene and sided with the patients, claiming that leaving patients to sit together with lights off was appropriate."
Smith claims she called a supervisor, who confirmed lights must be on and the violent patient then took off her sandal and swung it at the plaintiff, striking her.
The plaintiff then filed a formal OSHA complaint, after which her employment was terminated, according to the suit.
Smith is seeking compensatory and punitive damages. She is represented by Michael P. Addair and Kurt E. Entsminger of Addair Entsminger in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-C-168
