CHARLESTON – A judge dismissed a lawsuit filed against Hampden Coal that alleged a man was terminated from his employment based on his age.
District Judge John Copenhaver dismissed the lawsuit with each party bearing its own costs, to arbitration, according to the March 1 judgment order.
“In this case, because the sole claim brought by Mr. Chambers is subject to arbitration, and would properly be referred there, dismissal is warranted in lieu of a stay,” Copenhaver wrote.
John Chambers filed the lawsuit against Hampden Coal, Blackhawk Mining and Tony Osborne on Dec. 13, 2016, in Boone Circuit Court. It was then removed to federal court on May 5, 2017.
Chambers was employed by the defendants in June 2005 and was advised on Dec. 14, 2014, that he was being terminated as part of a companywide layoff.
Chambers claims when the layoff took place, he lost his job, while younger, less qualified and less experienced employees were kept.
At the time of his termination, Chambers was 63 years old and believes that the defendants’ stated reason for terminating his employment was pre-textual and that his age was a factor in the defendants’ decision to terminate his employment, according to the suit.
Chambers claims the defendants violated the West Virginia Human Rights Act by discriminating against him based on his age.
Chambers was seeking compensatory and punitive damages. He was represented by Richard W. Walters and Brian L. Ooten of Shaffer & Shaffer.
The defendants were represented by Jennifer J. Hicks and Ashley C. Pack of Dinsmore Shohl.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-02744