Federal judge tosses age discrimination suit

By Kyla Asbury | Feb 20, 2015

CLARKSBURG – A lawsuit against Advance Auto Parts alleged age discrimination has been dismissed from federal court.

The court was advised that the parties had fully resolved the dispute on Oct. 27 and directed counsel to forward an appropriate dismissal order to the court.

On Dec. 11, District Judge Irene M. Keeley signed an agreed dismissal order, dismissing the claims with prejudice.

Byron and Elaine Gilbert filed a lawsuit Nov. 5, 2013, in the Harrison Circuit Court against Advance Stores Company Inc., claiming the company discriminated against Byron Gilbert based on his age. It was removed to federal court on Dec. 16, 2013.

On Dec. 16, 2011, Byron Gilbert was encouraged to resign after 19 years of satisfactory employment with Advance Auto Parts.

Byron Gilbert claims he performed well and received multiple promotions, but was suddenly placed on a "Performance Improvement Plan" in 2011, shortly before being asked to resign.

Byron Gilbert had been referred to as "grandfather" in front of commercial accounts and was embarrassed when vacation accumulated over his years with the company was referred to by coworkers, according to the suit.

The Gilberts were seeking more than $25,000 in damages. They were being represented in the case by attorney Erika Klie Kolenich and Christina J. Rumbach of Klie Law Offices PLLC.

Advance was represented by A. Patricia Diulus-Myers of Jackson Lewis PC.

U.S. District Court for the Northern District of West Virginia case number: 1:13-cv-00261


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