Miner alleges age discrimination, wrongful discharge

By Annie Cosby | Oct 14, 2014

MADISON – A Raleigh County man is suing over claims he was unlawfully fired.

John Marshall Vandal filed a lawsuit Sept. 3 in Boone Circuit Court against Coal River Mining LLC, citing age discrimination.

According to the complaint, Vandal worked for Coal River Mining as a miner operator and then as a dispatcher, during which time the defendant asked him to provide advance notice of state and federal mine inspectors, which Vandal refused to do upon the belief that it was a violation of state and federal law.

Vandal says he was also repeatedly referred to as "old man" and asked when he would retire. The complaint states he was terminated on the pretext of market conditions on Feb. 28 and replaced by a substantially younger individual. The defendant is accused of age discrimination and wrongful discharge.

Vandal is seeking damages, attorneys' fees and reinstatement or front pay.

He is being represented in the case by attorneys Stephen B. Farmer and Matthew H. Nelson of Farmer, Cline & Campbell PLLC in Morgantown. The case has been assigned to Circuit Judge William S. Thompson.

Boone Circuit Court case number: 14-C-167

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