Two men sue Union Carbide for age discrimination

By Kyla Asbury | Dec 31, 2018

CHARLESTON — Two lawsuits were filed against Union Carbide Corporation for wrongfully terminating their employment because of their ages.

Kenneth F. Oxley and Billy J. Midkiff also named Ana Marino as a defendant in the suits.

The plaintiffs, who were residents of Kanawha County and worked at Union Carbide's Institute location, claim they were discharged from their employment with Union Carbide due to their ages.

Oxley was 61 and Midkiff was 62 when their employment was terminated, according to the suits. 

The plaintiffs claim Marino had a hand in the decision to terminate both Oxley and Midkiff.

The defendants terminated Oxley and Midkiff's employment in violation of the West Virginia Human Rights Act, according to the suits.

Oxley and Midkiff claim due to the violations of the West Virginia Act, they are entitled to back pay and an award for emotional distress, embarrassment and mental anguish.

"As a direct result of the willful and intentional acts of the defendant Union Carbide Corporation, all of which violate the Public Policy of the State of West Virginia, the plaintiff[s]...[are] entitled to an award of punitive damages," the complaints both state.

Marino was involved in the decision, which was motivated by Oxley and Midkiff's age, according to the suit.

Marino participated in the act of "carrying out the discriminatory acts of defendant Union Carbide Corporation" when she notified the plaintiffs of their termination,  according to the suit.

Oxley and Midkiff are seeking compensatory and punitive damages. They are represented by J. Michael Ranson and Cynthia M. Ranson of Ranson Law Offices and G. Patrick Jacobs of Jacobs Law Offices.

The cases were assigned to Circuit Judges Carrie Webster and Louis "Duke" Bloom.

Union Carbide Corporation is a subsidiary of The Dow Chemical Company. Union Carbide operates the Dow Plant in Institute.

Kanawha Circuit Court case number: 18-C-1331, 18-C-1332

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Organizations in this Story

Jacobs Law Offices Kanawha Circuit Court Ranson Law Offices

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