Woman sues former employer, two others for wrongful termination, age discrimination

By Kyla Asbury | Jan 12, 2010

CHARLESTON -- A woman is suing her former employer and two of its employees for age discrimination and wrongful termination.

Sue N. Kuhn began working for Copart of Connecticut, Inc. in its Hurricane location Sept. 29, 2001.

Kuhn claims until December 2007 she did not receive any write-ups and was otherwise a "stellar employee," according to a complaint filed Dec. 11 in Kanawha Circuit Court.

G. Brian Cox became the regional manager in December 2007 and, on Dec. 18, 2007, Kuhn was put on a "performance improvement plan," citing concerns with her performance that were "nebulous and lacked specifics," according to the suit.

Kuhn claims Cox made countless inappropriate comments to her about her age, including "You know you could take another job more appropriate for your age," "Do you color your hair to hide the gray?" and "Are you on drugs or just senile?" among others.

In February 2008, Kuhn filed a complaint with Copart's Human Resources division describing the unfair treatment she endured and claims that in March she was suspended without cause.

Kuhn claims her daughter went to her office to retrieve her belongings on March 24, but that Cox refused to let her do so. Kuhn claims she was contacted by Cox the next day and asked her to return to work.

Rosalie Boyles became general manager on May 30. Kuhn claims she was wrongfully terminated from her employment on June 9.

Kuhn is seeking compensatory and punitive damages for wrongful termination and age discrimination. She is also seeking to be reinstated. Lonnie C. Simmons and Robert M. Bastress III of DiTrapano, Barrett & DiPiero are representing her.

The case has been assigned to Circuit Judge Irene C. Berger.

Kanawha Circuit Court case number: 09-C-2279

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