Former employee says BBL-Carlton discriminated against him

By Kyla Asbury | Apr 10, 2013

CHARLESTON - A former employee is suing BBL-Carlton LLC after he claims it discriminated against him because of his age.

Emerson Keith Sullivan was employed by the defendant for approximately 15 years, according to a complaint filed March 25 in Kanawha Circuit Court.

Sullivan claims during his employment he consistently performed his duties in a satisfactory manner and met the defendant's reasonable expectation.

On Aug. 10, the defendant willfully, maliciously and unlawfully terminated Sullivan's employment on the basis of his age, according to the suit.

Sullivan claims at the time of his termination he was over the age of 40 and in terminating his employment, the defendant violated the West Virginia Human Rights Act.

As a result of the defendant's actions, Sullivan suffered lost wages and benefits and is entitled to damages for indignity, embarrassment, humiliation, annoyance and inconvenience, according to the suit.

Sullivan claims the defendant's actions were willful, wanton and/or undertaken with reckless disregard and/or reckless indifference to his rights.

Sullivan is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Mark A. Atkinson and Paul L. Frampton Jr. of Atkinson & Pollak PLLC and Robert B. Warner of Warner Law Offices PLLC.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-561

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