Putnam woman accuses employer of age discrimination

CHARLESTON – A Putnam County woman is suing over claims she was constructively discharged when her employer moved her to a more physically demanding position.

Noreen Unger filed a lawsuit Nov. 5 in Kanawha Circuit Court against Holzer Clinic, First Settlement Physical Therapy Inc., and Simon Hargus, citing age discrimination.

According to the complaint, Unger, who is more than 40 years old, worked as a receptionist for Holzer Clinic and First Settlement in Kanawha County until June, when the company moved her to a janitorial position, which is much more physically demanding. Unger says the company replaced her with an individual younger than 40, who previously had worked in a janitorial position.

The lawsuit states Hargus participated in the decision to move Unger and thus take adverse employment action against her. Unger says this caused her to resign her position with the defendants, constituting constructive discharge.

Unger seeks punitive damages, lost wages and benefits, front pay, interest, attorney fees and costs.

She is represented by attorneys Mark A. Atkinson and Paul L. Frampton Jr. of Atkinson and Polak in Charleston, and Robert B. Warner of Warner Law Offices in Charleston. The case has been assigned to Circuit Judge Charles E. King Jr.

Kanawha Circuit Court case number: 14-C-1964