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WEST VIRGINIA RECORD

Thursday, April 25, 2024

Longtime employee alleges he was fired due to age

Discrimination 12

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PRINCETON — A Mercer County man is suing his employers, alleging age discrimination and constructive termination.

David Steven Hamilton filed a complaint May 9 in Mercer Circuit Court against Rish Equipment Company, Michael Hunsucker and Davis Mining & Manufacturing Inc., alleging violation of the West Virginia Human Rights Act.

According to the complaint, Hamilton had worked for the defendants for 32 years. The suit says on Feb. 21, Hamilton, 62, was constructively discharged despite performing his duties in a satisfactory manner. As a result, Hamilton says he has suffered lost wages and benefits, indignity, embarrassment and humiliation. 

The plaintiff alleges the defendants terminated his employment because of his age.

Hamilton seeks trial by jury, compensatory and punitive damages, plus interest, attorney fees, court costs and all further relief the court deems just and equitable. He is represented by attorney Mark A. Atkinson of Atkinson & Polak PLLC in Charleston.

Mercer Circuit Court case number 18-C-104

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