Walmart sued by former employee

WHEELING - Pine Grove residents are suing Walmart over claims of retaliatory discharge and age discrimination.

Patricia Fluharty and Francis Fluharty filed A lawsuit Aug. 30 in the Circuit Court of Wetzel County against Patricia's former employer, Wal-Mart Stores East LP, citing age discrimination and retaliation. The lawsuit was removed to U.S. District Court for the Northern District of West Virginia on Oct. 3.

The plaintiffs allege Patricia Fluharty was fired from Walmart on Feb. 19 after she was disciplined too many times within a year.

Fluharty contends the majority of the employee disciplinary actions received were not legitimate, but were discriminatory based on her age or in retaliation for her previously taking a temporary leave of absence for a medical condition.

The plaintiffs are seeking an undisclosed amount of damages including loss of consortium damages and punitive damages. They are being represented in the case by Wheeling attorney Ronald Kasserman of Kasserman Law Offices PLLC.

Circuit Court of Wetzel County Case No. 13-C-94.
U.S. District Court for the Northern District of West Virginia Case No. 5:13-cv-137