CLARKSBURG -- Advance Stores is being sued by a former employee for age discrimination.
Byron and Elaine Gilbert filed a lawsuit Nov. 5, in the Harrison County Circuit Court against Advance Stores Company Inc., citing age discrimination, tort of outrage, violations of employee handbook, and constructive discharge.
According to the complaint, on Dec. 16, 2011, Byron Gilbert was encouraged to resign after 19 years of satisfactory employment with Advance Auto Parts. Mr. Gilbert says he performed well and received multiple promotions, but was suddenly placed on a "Performance Improvement Plan" in 2011, shortly before being asked to resign.
According to the lawsuit, Mr. Gilbert had been referred to as "grandfather" in front of commercial accounts and was embarrassed when vacation accumulated over his years with the company was referred to by coworkers.
The Gilberts are seeking more than $25,000 in damages. They are being represented in the case by attorney ca of Klie Law Offices, PLLC.
On Dec. 16, Advance Stores Company Inc., filed a notice of removal to move the case from the circuit court to the United States District Court for the Northern District of West Virginia on the grounds of diversity jurisdiction. The notice states the defendant and plaintiff are based in different states and the sum of damages, when the former employee's last salary is taken into account, may exceed $75,000.
Harrison Circuit Court Case No. 1:13-cv-261