HUNTINGTON – A woman says she was fired after she took leave from working using the Family and Medical Leave Act.
Debra Smith filed her complaint in federal court against River Valley Child Development Services.
According to the complaint, Smith began working for the defendant in February 2020 as an interim service coordinator. She says she met all job expectations and created systems used by the company to administer its programs. However, during her employment, Smith required medical care for post-traumatic stress disorder, anxiety and depression.
In September 2023, Smith says she applied for FMLA leave because of her medical conditions which was approved by the company. Upon forgetting to attend a scheduled meeting regarding her return to work in December 2023, Smith says she immediately was terminated on the day her FMLA leave expired.
Smith accuses the defendant of discrimination and retaliation for exercising her rights under the FMLA.
She is seeking compensatory, liquidated and punitive damages for what she describes as "malicious termination."
Smith is being represented by Hoyt Glazer, Abraham Saad and Eric Anderson of Glazer Saad Anderson in Huntington.
U.S. District Court for the Southern District of West Virginia case number 3:24-cv-00080