Bayer age discrimination case sent to federal court

By Kyla Asbury | Jan 16, 2015

HUNTINGTON – A former employee is suing Bayer Cropscience for discriminating against him based on his age.


James Milton Young was employed by Bayer Cropscience as a chemical plant operator and shift supervisor at the defendant's Institute plant from May 7, 1984 until May 5, according to a complaint initially filed in Putnam Circuit Court on Dec. 5 and removed to federal court on Jan. 8.


Young claims as of Jan. 1, 2013, he was one of the oldest, most tenured and highest-paid supervisors in his production group, all of which made him eligible for participation in the defendant's voluntary separation program, which would have permitted him to retire with a significant benefits package and to receive two weeks of his regular pay for each of his years in service from 1984 until sometime shortly after Jan. 1, 2013.


The plaintiff requested participation in the voluntary separation program and on Jan. 17, 201, was rejected because the defendant decided that its business needs "did not permit it to accept the plaintiff into the program," according to the suit.


Young claims following his rejection, he continued to work as one of the oldest and highest compensated shift supervisors at the Institute facility until May 5.


On May 5, the defendant addressed correspondence to Young advising him that he had been terminated from his employment, according to the suit.


Young claims the defendant's actions were based on Young's age and violated the West Virginia Human Rights Act.


As a direct and proximate result of the defendant's wrongful termination of Young's employment, Young suffered a loss of health and welfare benefits, savings and retirement plan benefits, short-term incentive payments and actual earnings; and mental and emotional distress, humiliation and embarrassment, according to the suit.


Young is seeking compensatory damages. He is being represented by Harvey D. Peyton and Thomas H. Peyton of Peyton Law Firm.


The case is assigned to Robert C. Chambers.


U.S. District Court for the Southern District of West Virginia case number: 3:15-cv-00429

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