Former employee sues DEP for age discrimination

By Kyla Asbury | May 14, 2010

CHARLESTON -- A Charleston woman is suing the West Virginia Department of Environmental Protection after she claims her employment was terminated based on her age.

Michelle Falquero was employed by the defendant from Oct. 1, 2003, until June 13, 2008, according to a complaint filed April 20 in Kanawha Circuit Court.

Falquero claims on multiple occasions she complained to the WVDEP about harassment and discrimination by employees of the executive department, but that he complaints remained unresolved.

On Feb. 28, 2008, Falquero offered her resignation, but rescinded her offer so that she may retain her employment and instead requested reallocation, according to the suit.

Falquero claims because of her previous complaints, her rightful request for reallocation and her age, she was fired on June 13, 2008.

The defendant filled Falquero's position with a younger employee, according to the suit.

Falquero is seeking compensatory damages. She is being represented by Thomas H. Peyton.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 10-C-742

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