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WEST VIRGINIA RECORD

Friday, April 19, 2024

Mingo County worker sues mining company, alleging unlawful firing due to age

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LOGAN -- A Mingo County mine worker is suing his former employer, alleging he was unlawfully fired due to his age.

Ralph Hamby, 60,  flied a lawsuit on Oct. 9 in Logan Circuit Court against Blackhawk Mining, Hampden Coal and Tony Osborne, alleging he was fired due to age after more than two decades of service.

According to the complaint, Hamby he was employed by Blackhawk Mining of Charleston for 26 years when on May 15, he was discharged and replaced by someone much younger. The suit says during Hamby's employment period he consistently performed his duties in a satisfactory manor and met the expectations of his employer.

The plaintiff alleges his termination was based upon his age and violates the West Virginia Human Rights Act.

Hamby seeks lost wages, benefits, back and front pay, damages for indignity, embarrassment, humiliation, annoyance and inconvenience, punitive damages and legal costs. Hamby is represented by attorneys Stephen P. New and Amanda J. Taylor of the Law Office of Stephen P. New in Beckley, and Mark A. Atkinson and John-Mark Atkinson of Atkinson & Polack in Charleston.

Logan Circuit Court case number 15-C-289W.

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