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Plaintiffs sue for wrongful termination

MARTINSBURG--Three individuals have filed suit against the Burlington United Methodist Family Services, Inc., and its interim CEO Alexander Carmichel for wrongful termination.  Travis Alt, Jamie Garris, and Carmen Smith, all former employees of Burlington United Methodist Family Services, Inc., claim that they were terminated from their employment when they each attempted to testify in court on behalf of a resident of Burlington.

Alt, Garris and Smith claim that they were responsible for providing professional services to the residents of the group homes and cottages located on defendants' campus and that as part of their professional duties were called upon and expceted to appear in court to testify at hearings on matters related to the welfare of residents. 

Plaintiffs' complaint alleges that in September 2009, an incident occured which resulted in several residents being removed from the Burlington facility and placed in detention pending adjudication hearings.  One of the residents was scheduled for a hearing on October 7, 2009.  Plaintiffs were requested by the resident's appointed counsel to appear at the court hearing on October 7, 2009.  On the morning of the hearing, Plaintiff Smith was informed that the plaintiffs should say nothing at the hearing or it might mean their jobs.  Plaintiffs allege that on November 20, 2009, Charmichel found out that plaintiffs had prepared a letter for the Court on October 2, 2009.  Once Charmichel learned of this information, he immediately placed plaintiffs on administrative leave.  On November 23, 2009, Plaintiffs were terminated for insubordination. 

Plaintiffs claim that defendants violated West Virginia law by discharging them because they had given or might be called upon to give truthful testimony in a legal action.  Moreover, Plaintiffs allege that Defendants violated the West Virginia Wage Payment and Collection Act by failing to pay the plaintiffs their accrued vacation time.

Plaintiffs are seeking general damages, lost earnings, anticipated lost future earnings, back wages for vacation time, liquidated damages, punitive damages, attorney's fees and costs, prejudgment and postjudgment interests, and costs. 

Plaintiffs, all residents of Romney, West Virginia, are represented by Martinsburg attorney Harry P. Waddell.

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