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Woman allegedly fired for absences as a volunteer firefighter

MARTINSBURG--  A local woman has filed suit against Coin Acceptors, Inc., Royal Vendors, Inc., and Charity Fleming, the human resources manager at Royal Vendors, for wrongful termination.  In a suit filed in Jefferson County, West Virginia, Christina Holmes claims that she was hired to work at Royal Vendors in November of 2005.  In addition to working at Royal Vendors, Plaintiff worked as a volunteer firefighter with the Independent Fire Company in Charles Town, West Virginia. 

Plaintiff alleges that she lost time from her employment with defendants on many occasions as a result of her duty as a volunteer fireman responding to emergency calls prior to the time she was due to report for work.  Plaintiff further states that she was discharged from her employment on September 1, 2009, for amassing too many absences. 

Plaintiff alleges that defendants violated West Virginia Code section 21-5-17, which prohibits an employer from discharging an employee for time lost spent as a volunteer fireman responding to emergency calls.  Plaintiff further claims that defendants have violated West Virginia Public Policy as well as violating the West Virginia Wage Payment and Collection Act for failing to timely pay the plaintiff all of her wages at the time of her termination.  Plaintiff is seeking general damages, back pay, anticipated lost future earnings, reinstatement, liquidated damages for the violation of the West Virginia Wage Payment and Collection Act, attorney's fees and costs, punitive damages, prejudgement and post judgment interest, and costs inccured in prosecuting this action. 

Plaintiff is represented by Martinsburg attorney Harry P. Waddell. 

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