Saturday, June 3rd, 2023 at 5:06 AM
Lootpress
  • News
    • All
    • Business
    • Consumer
    • Crime
    • Entertainment
    • Featured
    • Health
    • History
    • Lifestyle
    • Local
    • National
    • North Carolina News
    • Politics
    • Top Stories
    • Virginia News
    • Weather News
    • West Virginia News

    Inmate Pleads Guilty to Possessing Weapon at FCI Beckley

    Former WVDEP Official Pleads Guilty to Theft of Federal Grant Funds

    West Virginia State Trooper fatally shot

    Man convicted and sentenced for punching corrections officer

    Man sentenced to minimum of 2 years for first-degree sexual abuse of child

    Fayette County woman sentenced to prison for ‘senseless, detrimental’ offenses

    Manchin celebrates resumption of MVP construction: “We scored a touchdown”

    Charleston Road Closures/Detours for the weekend of June 2-4

    Tropical Storm Arlene forms in the Gulf of Mexico

    Trending Tags

    • Raleigh County
    • Fayette County
    • Mercer County
    • Breaking
    • Crime
    • Local
    • National

      Woman walking on California beach finds ancient mastodon tooth

      DOJ closes Pence classified documents investigation with no charges

      Just days to spare, Senate gives final approval to debt ceiling deal, sending it to Biden

      Florida man arrested for pointing gun at woman’s head after her friend used his driveway to back up

      Senate votes to overturn Biden’s student loan relief program

      Capito, Peters Reintroduce Bipartisan Legislation to Help Communities Attract Workers and Cut Taxes for Recent College Graduates

      Movie Review: The giddy splendor of ‘Spider-Man: Across the Spider-Verse’

      Sean ‘Diddy’ Combs says in lawsuit that spirits giant Diageo neglected his vodka and tequila brands

      Beloved New York swan babies rescued after mother was eaten by family, police say

    • Politics

      DOJ closes Pence classified documents investigation with no charges

      Sen. Trump set to run for West Virginia Supreme Court

      Just days to spare, Senate gives final approval to debt ceiling deal, sending it to Biden

      Senate votes to overturn Biden’s student loan relief program

      Capito, Peters Reintroduce Bipartisan Legislation to Help Communities Attract Workers and Cut Taxes for Recent College Graduates

      House OKs debt ceiling bill to avoid default, sends Biden-McCarthy deal to Senate

      Senator Joe Manchin votes to overturn Biden’s student loan forgiveness plan

      Mike Pence, Former Vice President

      Former VP Mike Pence is set to launch his presidential campaign next week

      FILE - Former New Jersey Gov. Chris Christie addresses a gathering during a town hall style meeting at New England College, April 20, 2023, in Henniker, N.H. Allies of former Christie have launched a new super PAC to support his expected candidacy for the Republican presidential nomination. (AP Photo/Charles Krupa, File)

      Ex-New Jersey Gov. Chris Christie planning to launch GOP presidential campaign next week

    • West Virginia News

      Man convicted and sentenced for punching corrections officer

      Man sentenced to minimum of 2 years for first-degree sexual abuse of child

      Manchin celebrates resumption of MVP construction: “We scored a touchdown”

      Charleston Road Closures/Detours for the weekend of June 2-4

      Helicopter Logging to Begin in Gum Cabin Timber Sale

      Man arrested on 72 counts of Distribution & Exhibition of Material Depicting Minors Engaged in Sexually Explicit Conduct

      Senior Farmers Market Nutrition Vouchers Now Available

      Marshall School of Art and Design to host invitational exhibition ‘How Close is That to Richmond?’

      Photo Credit: Raleigh County Parks & Rec

      Tails to Rails Dry Hill Prosperity Park ribbon-cutting announced

    • Virginia News
    • Weather News
  • County News
    • Barbour County
    • Barbour County
    • Berkeley County
    • Boone County
    • Braxton County
    • Buchanan County
    • Cabell County
    • Clay County
    • Greenbrier County
    • Fayette County
    • Jackson County
    • Kanawha County
    • Lewis County
    • Logan County
    • Mason County
    • McDowell County
    • Mercer County
    • Mingo County
    • Monroe County
    • Nicholas County
    • Putnam County
    • Raleigh County
    • Randolph County
    • Randolph County
    • Summers County
    • Wyoming County
  • Sports
    • 2021 Prep Football Tab
    • 2021 Prep Football Playoffs
    • Local Sports
    • College Sports
    • Boys Basketball
    • Girls Basketball
    • Prep Baseball
    • Prep Softball
    • Prep Football
    • Prep Soccer
    • Prep Track and Field
    • Prep Volleyball
    • Golf
    • WVU Tech
  • Lifestyle
    • Birth Announcements
    • Pet of the Week
    • WV Tourism
      • Charleston CVB
      • Huntington CVB
      • Morgantown CVB
      • Visit Southern WV Tourism
        • Visit Southern WV
  • Obituaries
  • Editorials
  • Community Calendar
  • About Us
    • Meet the Team
    • Write For Us
    • Contact Us
  • Email Alerts
No Result
View All Result
  • News
    • All
    • Business
    • Consumer
    • Crime
    • Entertainment
    • Featured
    • Health
    • History
    • Lifestyle
    • Local
    • National
    • North Carolina News
    • Politics
    • Top Stories
    • Virginia News
    • Weather News
    • West Virginia News

    Inmate Pleads Guilty to Possessing Weapon at FCI Beckley

    Former WVDEP Official Pleads Guilty to Theft of Federal Grant Funds

    West Virginia State Trooper fatally shot

    Man convicted and sentenced for punching corrections officer

    Man sentenced to minimum of 2 years for first-degree sexual abuse of child

    Fayette County woman sentenced to prison for ‘senseless, detrimental’ offenses

    Manchin celebrates resumption of MVP construction: “We scored a touchdown”

    Charleston Road Closures/Detours for the weekend of June 2-4

    Tropical Storm Arlene forms in the Gulf of Mexico

    Trending Tags

    • Raleigh County
    • Fayette County
    • Mercer County
    • Breaking
    • Crime
    • Local
    • National

      Woman walking on California beach finds ancient mastodon tooth

      DOJ closes Pence classified documents investigation with no charges

      Just days to spare, Senate gives final approval to debt ceiling deal, sending it to Biden

      Florida man arrested for pointing gun at woman’s head after her friend used his driveway to back up

      Senate votes to overturn Biden’s student loan relief program

      Capito, Peters Reintroduce Bipartisan Legislation to Help Communities Attract Workers and Cut Taxes for Recent College Graduates

      Movie Review: The giddy splendor of ‘Spider-Man: Across the Spider-Verse’

      Sean ‘Diddy’ Combs says in lawsuit that spirits giant Diageo neglected his vodka and tequila brands

      Beloved New York swan babies rescued after mother was eaten by family, police say

    • Politics

      DOJ closes Pence classified documents investigation with no charges

      Sen. Trump set to run for West Virginia Supreme Court

      Just days to spare, Senate gives final approval to debt ceiling deal, sending it to Biden

      Senate votes to overturn Biden’s student loan relief program

      Capito, Peters Reintroduce Bipartisan Legislation to Help Communities Attract Workers and Cut Taxes for Recent College Graduates

      House OKs debt ceiling bill to avoid default, sends Biden-McCarthy deal to Senate

      Senator Joe Manchin votes to overturn Biden’s student loan forgiveness plan

      Mike Pence, Former Vice President

      Former VP Mike Pence is set to launch his presidential campaign next week

      FILE - Former New Jersey Gov. Chris Christie addresses a gathering during a town hall style meeting at New England College, April 20, 2023, in Henniker, N.H. Allies of former Christie have launched a new super PAC to support his expected candidacy for the Republican presidential nomination. (AP Photo/Charles Krupa, File)

      Ex-New Jersey Gov. Chris Christie planning to launch GOP presidential campaign next week

    • West Virginia News

      Man convicted and sentenced for punching corrections officer

      Man sentenced to minimum of 2 years for first-degree sexual abuse of child

      Manchin celebrates resumption of MVP construction: “We scored a touchdown”

      Charleston Road Closures/Detours for the weekend of June 2-4

      Helicopter Logging to Begin in Gum Cabin Timber Sale

      Man arrested on 72 counts of Distribution & Exhibition of Material Depicting Minors Engaged in Sexually Explicit Conduct

      Senior Farmers Market Nutrition Vouchers Now Available

      Marshall School of Art and Design to host invitational exhibition ‘How Close is That to Richmond?’

      Photo Credit: Raleigh County Parks & Rec

      Tails to Rails Dry Hill Prosperity Park ribbon-cutting announced

    • Virginia News
    • Weather News
  • County News
    • Barbour County
    • Barbour County
    • Berkeley County
    • Boone County
    • Braxton County
    • Buchanan County
    • Cabell County
    • Clay County
    • Greenbrier County
    • Fayette County
    • Jackson County
    • Kanawha County
    • Lewis County
    • Logan County
    • Mason County
    • McDowell County
    • Mercer County
    • Mingo County
    • Monroe County
    • Nicholas County
    • Putnam County
    • Raleigh County
    • Randolph County
    • Randolph County
    • Summers County
    • Wyoming County
  • Sports
    • 2021 Prep Football Tab
    • 2021 Prep Football Playoffs
    • Local Sports
    • College Sports
    • Boys Basketball
    • Girls Basketball
    • Prep Baseball
    • Prep Softball
    • Prep Football
    • Prep Soccer
    • Prep Track and Field
    • Prep Volleyball
    • Golf
    • WVU Tech
  • Lifestyle
    • Birth Announcements
    • Pet of the Week
    • WV Tourism
      • Charleston CVB
      • Huntington CVB
      • Morgantown CVB
      • Visit Southern WV Tourism
        • Visit Southern WV
  • Obituaries
  • Editorials
  • Community Calendar
  • About Us
    • Meet the Team
    • Write For Us
    • Contact Us
  • Email Alerts
No Result
View All Result
Lootpress
No Result
View All Result

COVID-19 vaccine lawsuit filed in Greenbrier County

Tyler Barker by Tyler Barker
Thursday, June 3, 2021 8:38 pm

LEWISBURG, WV (LOOTPRESS) – West Virginia civil rights lawyer John Bryan of Union has filed a lawsuit against a company he claims tried to force his client to take a Covid-19 vaccine.

Bryan filed the suit in Greenbrier County circuit court on hehalf of Stephanie McCutcheon.

“Today we filed suit against Enlivant, a Chicago company who owns and operates an assisted living facility in Greenbrier County, West Virginia operating as Seasons Place Assisted Living,” Bryan said in a statement.

“On June 1, 2021 they terminated my client … for refusing to take an unapproved non-mandatory vaccine for Covid-19.”

The attorney attached a letter McCutcheon received from the company’s human resource director after she complained about the
company’s verbal vaccine mandate.

“As you can see, knowing it was a violation of federal law to mandate the vaccine, they attempted to frame her termination as a resignation,” Bryan wrote.

“Given that it appears to be a form letter, they have apparently done this to other employees.
They have assisted living facilities in numerous states,” the Monroe County lawyer said.

“Our legal theory is a state-law based claim of retaliatory discharge. Basically, as everyone knows, West Virginia is an at-will employment state. However, there was an exception created in Harless v. First National Bank, 162 W.Va. 116, 246 S.E.2d 270 (1978), which provides that:
‘The rule that an employer has an absolute right to discharge an at will employee must be tempered by the principle that where the employer’s motivation for the discharge is to contravene some substantial public policy principle, then the employer may be liable to the employee for damages occasioned by this discharge.'”

Bryan added, “The State Supreme Court has defined the areas from which “public policy” may derive:

‘The sources determinative of public policy are, among others, our federal and state constitutions, our public statutes, our judicial decisions, the applicable principles of the common law, the acknowledged prevailing concepts of the federal and state governments relating to and affecting the safety, health, morals and general welfare of the people for whom government—with us—is factually established.”’

Bryan goes on, “So federal laws and regulations may form the basis of ‘public policy.’ Now whether that public policy is ‘substantial’ depends on whether it’s ‘widely regarded as to be evident to employers.’ No doubt that requirement is met in this case. A quick google search will reveal an enormous amount of discussion and advice regarding the legality of employers mandating the vaccine.”

In summing up the case, which will be widely viewed as a precedent-setter, the attorney said, “we shall see ….”

The suit asks for an expedited hearing for a preliminary injunction enjoining Enlivant from terminating employees for choosing not to take a non-mandatory, unapproved vaccine, and directing that McCutcheon be re-hired. In addition, it seek a declaration that a private employer may not terminate or take adverse action against employees for choosing not to take the Covid vaccine.

The suit seeks monetary damages, punitive damages and attorney fees.

ShareTweetSend
Tyler Barker

Tyler Barker

Don't Miss

Crime

Inmate Pleads Guilty to Possessing Weapon at FCI Beckley

8 hours ago
Crime

Former WVDEP Official Pleads Guilty to Theft of Federal Grant Funds

9 hours ago
Crime

West Virginia State Trooper fatally shot

11 hours ago

Sign up for our weekly email recap of the week's top stories and be entered to win a $25 Visa gift card weekly.

Select list(s) to subscribe to


Thank you for choosing Lootpress as your news source.

Top Stories

  • All
  • News

Oceana Police arrest man in connection to another man’s death

June 2, 2023

West Virginia State Trooper fatally shot

June 2, 2023

COVID-19 vaccine lawsuit filed in Greenbrier County

June 3, 2021
(G Squared Handwerker/Facebook)

Annual Mountain Made Makers Market to feature local items made by hand

May 3, 2023

Video of male Disney employee in dress causes outrage

May 30, 2023
Load More

Community Calendar

Recent News

State Tournament Baseball: Cabell Midland and Hedgesville to meet for the Class AAA title Saturday

June 3, 2023

State Tournament Baseball: Mistakes and missed opportunities doom Shady in loss to Keyser

June 3, 2023

Inmate Pleads Guilty to Possessing Weapon at FCI Beckley

June 2, 2023

Lootpress brings you the latest news in Southern West Virginia and around.

Follow Us

Facebook Twitter Youtube

Recent News

State Tournament Baseball: Cabell Midland and Hedgesville to meet for the Class AAA title Saturday

June 3, 2023

State Tournament Baseball: Mistakes and missed opportunities doom Shady in loss to Keyser

June 3, 2023
  • About
  • Privacy & Policy
  • Terms and Conditions

© 2023 Lootpress - Your News, Now! Lootpress.

No Result
View All Result
  • News
    • Breaking
    • Crime
    • Local
    • National
    • Politics
    • West Virginia News
    • Virginia News
    • Weather News
  • County News
    • Barbour County
    • Barbour County
    • Berkeley County
    • Boone County
    • Braxton County
    • Buchanan County
    • Cabell County
    • Clay County
    • Greenbrier County
    • Fayette County
    • Jackson County
    • Kanawha County
    • Lewis County
    • Logan County
    • Mason County
    • McDowell County
    • Mercer County
    • Mingo County
    • Monroe County
    • Nicholas County
    • Putnam County
    • Raleigh County
    • Randolph County
    • Randolph County
    • Summers County
    • Wyoming County
  • Sports
    • 2021 Prep Football Tab
    • 2021 Prep Football Playoffs
    • Local Sports
    • College Sports
    • Boys Basketball
    • Girls Basketball
    • Prep Baseball
    • Prep Softball
    • Prep Football
    • Prep Soccer
    • Prep Track and Field
    • Prep Volleyball
    • Golf
    • WVU Tech
  • Lifestyle
    • Birth Announcements
    • Pet of the Week
    • WV Tourism
      • Charleston CVB
      • Huntington CVB
      • Morgantown CVB
      • Visit Southern WV Tourism
  • Obituaries
  • Editorials
  • Community Calendar
  • About Us
    • Meet the Team
    • Write For Us
    • Contact Us
  • Email Alerts

© 2023 Lootpress - Your News, Now! Lootpress.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist