MADISON, W.Va. — A former employee of the Boone County Circuit Clerk’s office is suing the Boone County Commission and the Circuit Clerk for wrongful termination.
Sharon Smith was employed at the Boone County Circuit Clerk’s Office between 1994 and 2015.
Smith alleges she suffers from migraine headaches and that, over time, her employer had become aware of her condition.
Legal filings made by Smith’s representation explain Smith had a migraine headache on Nov. 13, 2015 with no incident at the workplace.
The next day, the documents allege Smith had another headache.
The suit goes on to state Deputy Circuit Clerk Anita Purdue allegedly asked Smith if she was okay and later noted Smith, “…looked funny in her eyes.”
Purdue reportedly asked Smith if she was under the influence of any drugs.
Smith alleges she offered to take a drug test; however, she states she was told to go home.
The suit states, “…Smith refused because she feared that following an improper directive was an admission that she was under the influence…even though that was not the case.”
Following an interaction with Boone County Circuit Clerk Sue Ann Zickafoose, Smith alleges she was terminated by Purdue.
The suit alleges, “Immediately afterward, Ms. Smith went to her medical provider and underwent a drug test/screen which indicated that she was not under the influence of any substance.”
Smith alleges the termination violated the rights afforded to her by the First, Fourth, Fifth and 14th Amendments of the U.S. Constitution.
Smith also alleges negligence on behalf of the Boone County Commission, violations of the West Virginia Human Rights Act and wrongful termination.
Smith’s suit requests compensation for lost wages, benefits, emotional and mental distress, attorney fees as well as punitive damages.
An attorney representing the Boone County Commission in the matter declined to comment.
Owen Wells is a reporter for Civitas Media. He can be reached at 304-752-6950 ext. 1729 or by email at [email protected]