Man sues W.Va. Dept. of Agriculture for age discrimination

By Kyla Asbury | Apr 11, 2011

CHARLESTON -- A former employee is suing the West Virginia Department of Agriculture after he claims his employment was terminated because of his age.

Janet Fisher, an employee of the Department of Agriculture, was also named as a defendant in the suit.

Robert Adams was employed by the defendant from 1984 until March 12, 2010, according to a complaint filed Feb. 28 in Kanawha Circuit Court.

Adams claims on March 12, 2010, Fisher terminated his employment, despite the fact that in accordance with Department of Agriculture policy, a letter of discharge may only be issued by the commissioner.

Fisher cited no reasons for the termination of Adams' employment, according to the suit.

Adams claims the defendants refused directly and through letter for their counsel to provide him with a due process hearing, despite the fact that he was a long-term state employee with a clear constitutional property interest in his employment and DOA policy.

The defendants termination of Adams' employment was wrongful, according to the suit.

Adams is seeking reinstatement, back pay, benefits, front pay, and compensatory and punitive damages. He is being represented by Katherine L. Dooley.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 11-C-336

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