WEST VIRGINIA RECORD

WINFIELD -- A former employee is suing Maxim Crane Works for age and disability discrimination.

Davis Barnett, a supervisor at Maxim Crane Works, was also named as a defendant in the suit.

Cecil Hypes began working for Maxim in March 1997 and in July 2005 he underwent a quadruple bypass open-heart surgery, according to a complaint filed Jan. 30 in Putnam Circuit Court.

Hypes claims despite the fact that he was officially on sick leave until January 2006, he continued performing his sale duties from home during his recovery.

Approximately four months after returning to work, Hypes was approached by his superiors and encouraged to take an extended period of time off for health reasons, but he was not experiencing any significant health problems at the time that prohibited him from continuing in his employment position, according to the suit.

Hypes claims in 2007 his work schedule was changed dramatically and at that time his supervisors, Barnett included, also began aggressively scrutinizing his daily work itineraries and performance.

In June 2008, an individual significantly younger that Hypes was hired by Maxim to work at its Nitro office and subsequently, Hypes was directed by his superiors at Maxim to transfer a portion of his sales customers to the new employee, according to the suit.

Hypes claims in April 2010, Hypes was called into a meeting with his superiors at Maxim, who told him that he was "getting some age on him," and asked when he planned on retiring.

The defendant then directed Hypes to train a significantly younger employee for the position that Hypes held as a salesperson at Maxim, according to the suit.

Hypes claims in May 2010 he informed his superiors at Maxim that he was experiencing significant problems with his back and legs and that he was seeing a physician regarding his health problems.

On Aug. 20, 2010, the defendants informed Hypes that Maxim would be reclaiming his company computer and cell phone, and told Hypes that he was prohibited from coming to the Nitro office, according to the suit.

Hypes claims the defendants immediately promoted a 25-year-old employee to replace him in the sales position that he had previously occupied with the company.

The defendants discriminated against Hypes based on his age and disability, according to the suit.

Hypes is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Larry O. Ford and Sean W. Cook.

The case has been assigned to Circuit Judge O.C. Spaulding.

Putnam Circuit Court case number: 12-C-25