Former employee says United Dairy discriminated against him

By Kyla Asbury | May 15, 2013


CHARLESTON - A former employee is suing United Dairy Inc. for discriminating against him based upon his age.

John Duty, an employee of United Dairy and its general manager, was also named as a defendant in the suit.

Gerald C. Boggs worked for United Dairy from May 1990 until Dec. 28, 2012, according to a complaint filed May 6 in Kanawha Circuit Court.

Boggs claims in April 2012, he was called into a meeting with Duty and Doug Longenette, the human resources director, and during the meeting, he was asked if he had any plans for retiring. He says he informed the two men that he had no intention of retiring and that he had always wanted to work for as long as he could.

Financially, Boggs was unable to retire and he immediately became worried and anxious that United Dairy may have plans to terminate his employment, according to the suit. Realizing that Duty and Longenette were not asking, he requested that they at least consider allowing him to continue working for six to eight months past his 66th birthday so he could use his social security and income to pay off bills to help with his financial situation, the complaint adds.

Boggs claims he set his retirement date as July 1, but, on Dec. 8, Duty informed him his last day would be Dec. 28.

The defendants discharged Boggs because of his age and disability, according to the suit.

Boggs is seeking backpay and reinstatement; compensatory and punitive damages; and pre- and post-judgment interest. He is being represented by Matthew S. Criswell, Mark L. French and Steven M. Condaras of Criswell French Condaras PLLC.

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

Kanawha Circuit Court case number: 13-C-882

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