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WEST VIRGINIA RECORD

Friday, November 22, 2024

Man sues former employer for discrimination

State Court
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CHARLESTON — A man is suing Universal Protection Service alleging he was wrongfully terminated from his employment and discriminated against.

Universal Protection Services is doing business as Allied Universal Protection Service.

Kenneth Allen Rakes was hired by the defendant on July 16, 2018, and worked there until May 20, 2020, when he was discharged from employment, according to a complaint filed in Kanawha Circuit Court.

Rakes claims he made complaints on May 27, 2019, May 30, 2019, June 25, 2019, July 3, 2019, and July 5, 2019, due to working conditions and also participated in the West Virginia Human Rights Commission investigation by the defendant's former employees and the defendant was aware of the plaintiff's engagement in these protected activities.

On May 20, 2020, the plaintiff was subjected to an adverse action when his employment was terminated due to his engagement in the protected activities and due to his age, according to the suit.

"During the course of his employment with the Defendant, the Plaintiff performed his duties in a satisfactory manner and met the reasonable expectations of Defendant," the complaint states. "At the time the Plaintiff was discharged, he was fifty-three (53) years old."

Rakes claims the defendant discharged him in violation of the West Virginia Human Rights Act. He claims the defendant's conduct caused him to suffer emotional distress, which manifested and continues to manifest itself in extreme stress, depression, fear, sleeplessness and difficulty in relationships with others.

The defendant's conduct was atrocious, utterly intolerable and so extreme and outrageous as to exceed all possible bounds of decency, according to the suit.

Rakes is seeking compensatory damages with pre- and post-judgment interest. He is represented by Paul E. Biser of Fredeking & Biser Law Offices in Huntington.

The case is assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 22-C-497

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