Hospital valet alleges job loss due his age

By Kelly Holleran | Oct 1, 2014

HUNTINGTON – An elderly man alleges he was denied promotions and was eventually fired due to his age.

HUNTINGTON – An elderly man alleges he was denied promotions and was eventually fired due to his age.

Herskel Daily filed a lawsuit Aug. 20 in Cabell Circuit Court against Cabell Huntington Hospital.

In his complaint, Daily alleges he was hired as a casual valet parking attendant for Cabell Huntington Hospital. He was guaranteed eight hours of work per week, but regularly worked 35 to 38 hours per week, according to the complaint. His position, however, did not offer vacation time or insurance benefits, the suit states.

When Daily saw a new position for a full-time parking attendant advertised June 26, 2013, he applied for it, the complaint says. With the position he would have access to vacation and insurance benefits, he alleges.

However, the 70-year-old Daily was passed over and the position was given to a man in his 40s, according to the complaint.

The position was again advertised in December 2013, but Daily again was not hired for the position. Instead, a man in his 20s was hired, the suit states.

"The valet attendant position requires up to one year of experience, and prefers one to two years of position related experience," the complaint says. "The plaintiff met the requirements of this position. The persons who were hired instead of the plaintiff did not meet the requirements for the position."

In addition, Cabell Huntington Hospital began to cut Daily's work hours, he alleges.

In February, Daily told the defendants he would need to take a Friday off. He was required to place in his vacation requests ahead of time and already was scheduled to work Friday. However, Daily's supervisors told him to take both Monday and Friday off, according to the complaint.

"When he returned, he learned that he was terminated March 3, allegedly for failing to show for work," the suit states.

Daily alleges age discrimination against the defendants.

He seeks punitive damages.

Amy C. Crossan of Bouchillon, Crossan and Colburn in Huntington will represent him.

Circuit Judge Christopher D. Chiles has been assigned to the case.

Cabell Circuit Court case number 14-C-575

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