Delivery driver accuses Brink's of wrongful termination, discrimination

By Philip Gonzales | Jun 20, 2018

CHARLESTON — A Tornado delivery driver is suing Brink's, alleging age discrimination, retaliation and wrongful termination.

David Westfall filed a complaint May 9 in Kanawha Circuit Court against Brink's Incorporated, alleging violation of the West Virginia Human Rights Act.

According to the complaint, Westfall had worked fro Brink's for about 16 years until Jan. 16, when he was terminated from his employment, allegedly because the company was downsizing. As a result, Westfall says he has suffered and will continue to suffer lost wages and benefits, indignity, embarrassment and emotional distress. 

The plaintiff alleges Brink's failed to provide reasonable accommodation and retaliated against him by terminating his employment for his making complaints to the Department of Transportation and the OSHA about the unsafe driving and vehicle conditions that he was forced to endure. Westfall, 62, alleges Brink's was harsher in its treatment of employees older than 40.

Westfall seeks trial by jury, damages with interest, attorney fees, court costs and all other just and equitable relief. He is represented by attorney Tammy Bowles Raines of Tammy Bowles Raines Law Office PLLC in Charleston.

Kanawha Circuit Court case number 18-C-625

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Kanawha Circuit Court Tammy Bowles Raines Law Office, PLLC

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