HUNTINGTON -- A former employee is suing Steel of West Virginia after he claims his employment was terminated because of his age.

Timothy R. Duke was also named as a defendant in the suit.

David F. McMellon was employed by Steel of West Virginia and its predecessors for about 40 years, according to a complaint filed Aug. 30 in Cabell Circuit Court.

On Dec. 15, 2009, Steel of West Virginia terminated McMellon's employment, according to the suit.

McMellon claims Duke made the decision to terminate his employment and "aided and abetted in terminating the plaintiff's employment in violation of the West Virginia Human Rights Act."

McMellon claims his employment was terminated because of his age and disability.

The defendant replaced McMellon with a substantially younger employee who was not disabled, according to the suit.

McMellon is seeking compensatory and punitive damages. He is being represented by Mark A. Atkinson and Paul L. Frampton Jr.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 10-C-654

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