Former JMD employee files age discrimination suit

CHARLESTON – A Kanawha County man is suing over claims he was fired on the basis of his age.

Steven Walker filed a lawsuit Nov. 5 in Kanawha Circuit Court against Johnston-Morehouse-Dickey Company (JMD Co.) and Daniel Kelly, citing age discrimination.

According to the complaint, Walker was employed by defendant JMD Co. as a truck driver/yard boss until June 14, when he was unlawfully terminated due to his age and replaced with a substantially younger individual. The complaint states Kelly contributed or made the decision to take the adverse employment action. The defendants are accused of age discrimination in violation of the West Virginia Human Rights Act.

Walker seeks damages including punitive damages, lost wages and benefits, front pay, interest and attorney fees.

He is represented by attorneys Mark A. Atkinson and Paul L. Frampton Jr. of Atkinson & Polak in Charleston. The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 14-C-1965