LOGAN – An Ethel man alleges his age was a factor in his termination from an Ohio company doing business in Logan County.

Roy Keith Whisman filed a complaint Feb. 16 in Logan Circuit Court against Austin Powder Co. alleging violation of the West Virginia Human Rights Act and the West Virginia Wage Payment and Collection Act.

According to the complaint, the plaintiff began working for the defendant in September 2016 as a blaster. The suit states was selected for a random drug test with three other employees on July 13, 2017, and tested positive for hydrocodone that was prescribed to him by a physician. He alleges he was terminated and later allowed to return to work after providing the prescription. 

The plaintiff alleges he was terminated again on Aug. 28, 2017, and a younger, less-experienced person was hired to take his place. The suit states the plaintiff was 56 at the time of the termination.

The plaintiff holds Austin Powder Co. responsible because the defendant allegedly terminated his employment because of his disability and age and failed to pay all wages due to him on the next regular payday.

The plaintiff requests a trial by jury and seeks compensatory, emotional and punitive damages; prejudgment interest; and such other appropriate relief. He is represented by Richard W. Walters of Shaffer & Shaffer PLLC in Charleston. The case has been assigned to Circuit Judge Joshua Butcher.

Logan Circuit Court case number 18-C-36

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