CHARLESTON – A Lincoln County woman has filed suit against her former employers for alleged disability discrimination and other damages.

Rebecca M. Oberman filed suit in Kanawha Circuit Court against Meds 2 Go Express Pharmacy Inc.; and Jeffrey Fulks, Pharm. D.

According to the complaint, Oberman was an employee of Meds 2 Go as a pharmacy technician-in-training from January 2014 until her termination on April 4. Prior to this and during her time at the job, she was being treated for two herniated discs and a pinched nerve. As part of this treatment, she was taking Hydrocodone, which was then switched to Oxycodone in March to be taken at night by her treating physician.

However, Pharmacist, Dr. Fulks allegedly balked at this prescription as being too strong for her and had Oberman tear it up, which she later reported to her doctor, who in turn insisted that the prescription be filled as ordered and called Fulks to that end. Shortly thereafter, Oberman was allegedly terminated because of Fulks did not approve of her using of the drug, a violation of the West Virginia Human Rights Act, as it was a discrimination of her disability.

The plaintiff is citing the defendant for loss of income and benefits, humiliation, embarrassment, mental and emotional distress, loss of dignity, and negligence, and is seeking punitive damages in various areas, including court costs and attorney fees, interest before and after judgement, and any other relief the court sees fit. She seeks a trial by jury.

The plaintiff is being represented by Richard W. Walters of Shaffer & Shaffer PLLC of Charleston. The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha County Circuit Court case number 15-C-1433.