WINFIELD — A Hurricane woman is suing Personal-Touch Home Care of WV alleging she was wrongfully terminated for making good faith reports about another employee.
Debbie Wolfingbarger was also named as a defendant in the suit.
Angela S. Benson was employed by the defendants beginning Sept. 10, 2018, at its Hurricane location as a physical therapist and was paid $120,000 for her salary with a $5,000 retention bonus, according to a complaint filed in Putnam Circuit Court.
Benson claims Wolfingbarger was her immediate supervisor.
On Feb. 6, 2020, Benson was featured on the defendant's Facebook page for a patient success story and on Aug. 17, 2022, she won an award for "Best Productivity and Least Missed Visits," according to the suit.
Benson claims on Sept. 16, 2022, she also received a $5,000 retention bonus for her productivity standards.
On Sept. 27, 2022, Benson reported a whistleblower complaint to Roy Thomas, the defendant's rehabilitation director, regarding the inappropriate treatment of a patient by a PTA, Sarah Simpkins, according to the suit.
"Angela Benson advised that there were numerous issues with Sarah Simpkins, PTA, not following the established plan of care for patients and performing treatments with patients that were not appropriate," the complaint states. "Mrs. Benson reported to Mr. Thomas that she had previously reported multiple concerns regarding Sarah Simpkins, PTA's ability to perform her job correctly and provide good care to patients over long periods of time to her immediate supervisor, Debra Wolfingbarger, and Personal Touch employee, Missy Johnson."
Two days later, surveys were e-mailed to all employees regarding workplace issues, harassment and hostility, according to the suit.
Benson claims on Oct. 10, 2022, she overheard a conversation between Mary Grady and Simpkins in which Grady said things would be much harder for Benson because she had reported Simpkins.
Later that day, Benson's previously requested time off was denied and Thomas advised her that she was "completely replaceable" when she advised him about her fear of retaliation, according to the suit.
Benson claims Wolfingbarger intimidated her, spoke unprofessionally about her and perpetuated "gossip" in the office, and on Oct. 13, 2022, she was told by Wolfingbarger that there were two surveys that called her a bully. She was then given new productivity standards that she could not possibly meet and she felt she was being set up to be fired.
Benson claims she then submitted an ethics complaint to the defendant's HR. Her employment was then terminated on Nov. 23, 2022.
Benson is seeking compensatory and punitive damages. She is represented by Jon D. Hoover of Hoover Law in Barboursville.
Putnam Circuit Court case number: 23-C-37