Longtime employee accuses convenience store operators of age discrimination

By Philip Gonzales | Nov 22, 2016

CHARLESTON — A Cabell County man is suing convenience store operators, alleging age discrimination.

CHARLESTON — A Cabell County man is suing convenience store operators, alleging age discrimination.

David L. Henzler filed a lawsuit Oct. 17 in Kanawha Circuit Court against Turnoutz LLC and Larry Marcum, alleging violation of the West Virginia Human Rights Act.

According to the complaint, Henzler's former employer of 19 years, Cross America Partners LP, entered into an agreement whereby Turnoutz would lease and operate its 41 convenience stores. As a result, the suit says, Henzler's position ceased to exist and he was not hired by the defendant, leading to indignity, embarrassment, humiliation and lost wages and benefits. 

The plaintiff alleges the defendants refused to hire him and, instead, hired younger and less-qualified individuals for his former position as well as for other positions for which he was qualified.

Henzler seeks trial by jury, all damages, prejudgment interest, attorney fees, costs of court and all other just and equitable relief. He is represented attorney by Paul L. Frampton Jr. of Atkinson & Polak PLLC in Charleston.

Kanawha Circuit Court Case number 16-c-1580

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