CHARLESTON – A former Cabin Creek Health Systems pharmacist claims he was fired because of his age and disability status.
According to the filing in Kanawha Circuit Court, Mark Miller filed a suit against Cabin Creek Health Systems Inc., alleging employment discrimination because of age and disability, retaliation and other counts.
Miller began working as a part-time "floater" pharmacist for the defendant in January 2016 and worked approximately 60 percent of a full-time schedule, according to the suit. Miller alleges he was told he would be put in a full-time position as a pharmacist in charge of the defendant's new Sissonville pharmacy, but the position was given to another employee.
After suffering a stroke in September 2017, Miller alleges he returned to his regular position but required a reasonable accommodation to sit for some part of his eight-hour shift. In January, Miller, 63, was fired and replaced with a substantially younger person with no health issues, the suit states.
The suit states Miller was terminated for allegedly being rude to customers, fighting with fellow employees and soliciting extra hours, but Miller alleges he never received any customer complaints and that he was never disciplined.
Miller seeks compensatory damages, punitive damages and attorney fees. The plaintiff is represented by Christopher Pence, James McHugh, Charles Bellomy with Hardy Pence PLLC in Charleston.
The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 19-c-691