HUNTINGTON – A man is suing Special Metals for allegedly discriminating against him based on his age and perceived disability.
Huntington Alloys Corp. is doing business as Special Metals.
Robert Saunders first began his employment with Special Metals in 1974, where he worked until he was laid off in 1981, and returned in 1988 and continued his employment until June 20, according to a complaint filed March 13 in Cabell Circuit Court.
Saunders claims he suffers from anxiety and receives treatment and prescriptions for his anxiety. On June 5, Saunders requested and received .83 hours of leave under the Family Medical Leave Act for his anxiety.
Consistent with the defendant's policy, Saunders called out on the radio twice on June 5 to advise his immediate supervisor, Major Monclather, that he would need to take FMLA for his anxiety and Monclather told him he would be over "in a minute," according to the suit.
Saunders claims after waiting a few minutes, he radioed again to Monclather, who failed to respond and, upon receiving no response, he called Monclather's office and left a message that he needed to leave immediately because his anxiety was causing him to suffer a panic attack.
Before leaving, the furnace Saunders tended was not running and the key was off, which was consistent with standard operating procedure when the furnace was not in use, according to the suit.
Saunders claims the following day he became ill with a virus that resulted in him being off work until June 10.
On June 11, Ron Fisher, the plant's superintendent, called Saunders into his office and requested he bring a union representative with him, according to the suit. Fisher then informed Saunders that he was not to return to work until further notice because of the manner in which he left work under FMLA.
Saunders claims he heard nothing from the defendant until June 19, when Fisher called him and demanded he attend a meeting the following day.
On June 20, the defendant terminated Saunders' employment, according to the suit, even though prior to taking his FMLA leave on June 5, Saunders had never received any discipline, warnings or other notifications concerning his work involving operation and/or shutdown of the furnace.
Saunders claims he was discriminated against because of his perceived disability and his age.
Saunders is seeking compensatory and punitive damages. He is being represented by Hoyt Glazer, Ben Sheridan and Mitchell L. Klein of Klein, Sheridan & Glazer LC.
The case is assigned to Circuit Judge F. Jane Hustead.
Cabell Circuit Court case number: 15-C-179