WILLIAMSON – A man is suing Belo Mine Supply Inc. after he claims his employment was wrongfully terminated because of his age and health issues.
On Oct. 30, Joseph Rumore, at the age of 61, was terminated from his employment with Belo, according to a complaint filed in Mingo Circuit Court.
Rumore claims during the course of his employment, he had consistently performed his duties in a satisfactory manner and met the defendant’s reasonable expectations and never received any written or verbal warnings during his 18 years of employment.
In early 2014, Rumore began to experience several health issues that required him to intermittently miss work for medical appointments and in September, Jimm Kirk, the defendant’s agent, inquired of the plaintiff if he knew how much the defendant had to pay for his health coverage, according to the suit.
Rumore claims on Oct. 30, he received a letter from the defendant terminating his employment citing a “down turn in the economy.”
Upon information and belief, Rumore was the only sales employee terminated on that day, even though he possessed more sales experiences and was a more tenured employee than other sales employees that were not terminated.
Rumore claims given the attitude portrayed by him concerning his healthcare coverage, there is a substantial likelihood that his age and health issues were a substantial and motivating factor regarding his termination.
As a direct and proximate result of the acts, omissions and conduct of the defendant, Rumore has sustained both economic and non-economic loss, including extreme mental anguish and suffering; loss of wages; loss of future earning capacity; loss of capacity to enjoy life; and annoyance and inconvenience, according to the suit.
Rumore claims the defendants wrongfully terminated his employment and discriminated against him based on his age and perceived disability.
Rumore is seeking compensatory and punitive damages. He is being represented by Nathan D. Brown and Joshua S. Ferrell of Ferrell & Brown PLLC; and Greg K. Smith of Smith Law Offices.
The case is assigned to Circuit Judge Miki Thompson.
Mingo Circuit Court case number: 16-C-7