WEST VIRGINIA RECORD

HUNTINGTON - A man and his wife are suing Macy's West Virginia LLC after they claim it discriminated against him because of his age.

Macy's Corporate Services Inc., Elizabeth Taylor and Scott Burdine were also named as defendants in the suit.

Michael McCallister was employed by Macy's from 1982 until 2012, according to a complaint filed Nov. 12 in Cabell Circuit Court.

McCallister claims on Jan. 4, 2012, he was called for a meeting with Burdine and Taylor, who expressed their belief that due to his age, he could not relate to the younger associates or meet their expectations.

Burdine mentioned twice that he did not want to fire McCallister, but would if he had to, according to the suit.

McCallister claims in Summer 2012, on several occasions, sales managers commented to him that they were going to replace him as loss prevention manager and on June 29, 2012, he was informed that he was being placed on a decision making leave until July 10, 2012.

Burdine suggested that McCallister take early retirement and stated he would receive a 13-week lump sum to take early retirement, but he declined the offer and stated that he needed to work, according to the suit.

McCallister claims on Aug. 28, 2012, he attended a loss prevention district meeting in Florence, Ky., however, prior to the start of the meeting, Burdine informed him that the defendants were terminating his employment and he was given a general separation plan and instructed not to talk about the terms of the severance.

On Aug. 29, 2012, McCallister was instructed to turn in his keys, work cell phone and company American Express Card by Aug. 31, 2012, to Taylor's possession, according to the suit.

McCallister claims his employment was terminated based on his age.

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

McCallister and his wife, Betty McCallister, are seeking compensatory and punitive damages with pre-judgment interest. They are being represented by Abraham J. Saad of Saad Law Office.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 13-C-851