Man sues National Dentex Corporation for discrimination

CHARLESTON -- A former employee is suing National Dentex Corporation after he claims he was terminated from his employment based on his age.

Midtown Dental Laboratory, Inc., was also named as a defendant in the suit.

In February 1992, Patrick C. Whelan was hired by the defendants as a dental technician/ceramist and was a skilled employee who did his best to keep up with the productivity demands if his job, as well as the quality expected by the defendants, according to a complaint filed May 22 in Kanawha Circuit Court.

Whelan claims although the defendants had noted some problems with some of his work on occasion, for the most part, his work was not questioned by the defendants.

During his employment, Whelan was subjected to various comments regarding his age, according to the suit.

Whelan claims Tom Ludovici, the defendants' lab manager, told him that he probably would not be working for the defendants by the time the building's lease expired in five years and suggested that he would retire by that date.

On June 24, 2011, the defendants terminated Whelan's employment, according to the suit.

Whelan claims the defendants terminated his employment based on his age.

The defendants' actions also violated the West Virginia Human Rights Act, according to the suit.

Whelan is seeking compensatory and punitive damages. He is being represented by Lonnie C. Simmons and Olubunmi T. Kusimo.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 12-C-954