CHARLESTON – A former Pepsi employee has says he was wrongly terminated because of his age and other factors.
Roger Lee Evans Jr. filed his complaint May 11 in Kanawha Circuit Court against Pepsico Inc., New Bern Transportation Corporation, Christina Crawford and Cody Methax.
According to his complaint, Evans worked for Pepsi and New Bern for about 30 years and consistently performed his duties in a satisfactory manner.
On January 12, Evans said he went to work but left because he didn’t feel well. He was tested that day and had COVID-19 despite being vaccinated. He said he spoke with someone with the state Health Department, who told him he would not be contagious 24 hours after his last symptoms.
Because he wasn’t contagious, Evans said he returned to work January 18. But his superintendent told him to go back home for one more day. He returned January 20, according to the complaint. On January 21, he was suspended. On January 27, Evans was fired from his job.
Evans, who was 47 when he was fired, said Crawford, a Human Resources Supervisor, and Methax, a general manager, were involved in the decision to terminate him.
“The plaintiff had frequently made complaints to management about safety concerns he had for employees he worked with,” the complaint states. “Specifically, he raised issues about improper stacking of merchandise within trucks which created hazardous working conditions.”
Evans says his termination was based partly on his age, which is a violation of the West Virginia Human Rights Act. He also says it partly was based on the perceived disability of him testing positive for COVID-19 and the companies’ failure to accommodate that, also a violation of the WVHRA. He also says his complaints about safety issues led to his firing, which also is a violation of state code.
Evans seeks compensatory damages for lost wages and benefits, back pay, front pay and damages for indignity, embarrassment and humiliation. He also seeks punitive damages, pre-judgment interest, attorney fees, court costs and other relief.
Evans is being represented by Mark A. Atkinson of Atkinson & Polak in Charleston. The case has been assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number 22-C-379
