West Virginia Record

Friday, February 28, 2020

Former Kroger manager claims retaliation for worker's comp claim, age discrimination

State Court

By Marian Johns | Jan 21, 2020


MOUNDSVILLE – A former Kroger store manager alleges he was discriminated against and fired due to his age and because of a workers' compensation claim. 

Kevin King filed a complaint in Marshall Circuit Court against The Kroger Co., Michael Poling and Amanda McWhorter alleging age discrimination, retaliation/public policy discharge and workers' compensation retaliation.

The suit states King began working for Kroger in January of 1983 and in August of 2016 was made store manager at Kroger's Wheeling store. He alleges in July 2017, he injured his back at work while lifting a box and was out of work until Oct. 19, 2017. The suit states he filed a workers' compensation claim for this injury.

King claims that after returning to work, he was transferred to a store that was almost a 50-mile drive one-way, was demoted to assistant store manager and eventually terminated in May 2018. King, who was in his late 50s at the time of his termination, alleges he was fired due to his age and in retaliation for his filing for workers' compensation.

King seeks compensatory damages, a trial by jury, interest and all other appropriate relief. He is represented by Nicholas Wininsky of The Wininsky Law Offices in Pittsburgh. 

The case has been assigned to Circuit Judge David W. Hummel Jr.

Marshall Circuit Court case number 19-C-253-H

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