Former employee, wife sue AEP for discrimination

By Kyla Asbury | Jan 8, 2019

WHEELING — A Brooke County man and his wife are suing American Electric Power (AEP) for discriminating against him in violation of the West Virginia Human Rights Act (WVHRA).

American Electric Power, Appalachian Power Company and Kentucky Power Company were all named in the suit.

Thomas Marosi was employed by the defendants for more than 30 years in various roles, including mechanical engineer and plant superintendent. 

Marosi claims when he accepted the position of plant superintendent in 2014, he did so with the expectation that he would be promoted to plant manager in the near future.

The plaintiff often went into work early and stayed late to ensure seamless transitions between shifts and to check on crew members, according to the suit, and he went 14 years without ever taking a sick day. He also filled in for the plant manager often.

When Plant Manager Dan Moyer was off due to a medical procedure, Marosi was chosen, along with the maintenance superintendent, to oversee operations of the plant until Moyer could return, according to the suit.

Marosi claims he unexpectedly had a stroke on Nov. 6, 2017, while driving in Weirton and underwent two months of occupational, physical and speech therapy so that he could go back to work.

Moyer announced in February that he was leaving effective April 1 and took vacation time from February to April before officially leaving the company, according to the suit.

Marosi claims he was not considered for the plant manager position and it was given to another employee.

Marosi believes the defendants didn't consider him due to the stroke he had in November 2017.

Even though Marosi was released to return to work in March, the defendants would not let him come back until April 2 and when he returned, they began relieving him of his duties and on Sept. 12, he was informed his employment was terminated, according to the suit.

Marosi claims he was not allowed to take his personal effects with him and was presented with a release of all claims in exchange for $25,000, which he refused to sign.

The defendants "tarnished his reputation," according to the suit, and Marosi continues to remain unemployed.

Donna Marosi claims the defendants caused her to suffer damage to her marital relationship and a loss of consortium.

The Marosis are seeking compensatory and punitive damages. They are represented by Michael Edward Nogay and Maximillian F. Nogay of Sellitti, Nogay & McCune.

The defendants removed the case to federal court in December, sighting that the amount in controversy exceeds jurisdictional limits and diversity exists between the parties. They are represented by Bryan R. Cokeley and Michelle Lee Dougherty of Steptoe & Johnson.

U.S. District Court for the Northern District of West Virginia Case number: 5:18-cv-00197

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