Woman Claims She Was Fired After Filing For Workers' Comp

A woman from Hurricane, West Virginia has filed suit against Genesis Healthcare Corp., alleging that she was fired from her job as a nursing assistant because she filed a workers’ compensation claim.

According to the suit filed by Melinda Cornett in West Virginia’s Kanawha Circuit Court on February 25, she was hired to work as a nursing assistant at a Genesis Health Care Center in January 2007. According to the claim, she was a good employee who received several pay raises during her employment.

The suit says that Cornett suffered personal injuries while working and sought medical attention the same day. She then filed a claim for workers’ compensation.

Cornett says that she was fired on June 9 because of her absence from work. However, she was re-hired on June 30 after the company received notice of her workers’ compensation claim.

Cornett says she received clearance to return to work on modified duty on November 24. She says she immediately called April Albaugh, who was in charge of scheduling, to notify her that she would be able to return.

However, says Cornett, she never received a return call from Albaugh, nor did Albaugh respond to an e-mail Cornett sent her. Cornett says she made multiple attempts over the next several days to contact Albaugh, but received no response.

Cornett says that she contacted Jason Jones, the facility’s administrator, on December 1 to notify him that she planned to return to work. However, she says, he informed her that she had been terminated for failing to contact them in a timely manner.

Cornett has filed suit for unlawful discharge and discrimination. She seeks unspecified damages.