PRINCETON—A Mercer County man is suing Arby's and its local manager, alleging retaliatory discharge in his employment period and subsequent firing.
Gage Orbe of Princeton filed a lawsuit Aug. 24 in Mercer Circuit Court against Arby’s Restaurant Development Corp. of Charleston and Vicki Whitt of Princeton, alleging harassment and retaliatory discharge in February and March.
According to the complaint, Orbe was hired in January to work at the Arby’s, 1000 Oakvale Road, Princeton. The suit says even though he performed his job adequately, Orbe began to experience harassment and a hostile work environment created by Whitt and other Arby's workers in February.
The suit states Whitt called Orbe derogatory names, specifically referring to him as “the assistant manager’s ‘bitch,’” making false sexual allegations against him, and threatening him. When Orbe was subjected to a harassment complaint by the co-worker herself March 6, the suit says, Whitt “yelled profanities” and immediately terminated him. The lawsuit lists additional details of hostile actions attributed to the defendant.
The plaintiff charges Arby’s and Whitt with creating a hostile work environment including sexually harassing remarks and personal threats along with retaliatory discharge and tort of outrage. He alleges intentional infliction of emotional distress, lost wages, embarrassment and anxiety, and financial hardship.
Orbe seeks compensatory and punitive damages, interest, attorney fees and costs.
He is represented by attorneys Karl Kolenich and Erika Klie Kolenich of Klie Law Offices in Buckhannon. The case has been assigned to Circuit Judge Derek C. Swope.
Mercer Circuit Court case number 15-C-304-DS.
