CHARLESTON — Two former employees say Shamblin Stone wrongfully terminated their employment in part because of their ages.
In the first lawsuit, Terry Joe Price was employed by Shamblin Stone as a truck driver for approximately five years, as the safety director for approximately six years and as a dispatcher for approximately 27 years, according to a complaint filed in Kanawha Circuit Court.
Price claims during his employment he always performed his work duties in a satisfactory manner and met the defendant's reasonable expectations, however on June 24, 2022, he was terminated from his employment at the age of 63 years old.
"Plaintiff Terry Joe Price was replaced as a dispatcher by someone under the age of 40," the complaint states.
Price claims the defendant violated the West Virginia Human Rights Act willfully and maliciously and caused him damages.
In the second lawsuit, Kenneth Todd Miller alleged similar claims.
Miller claims he worked for Shamblin Stone for about 17 years and he always performed his work duties in a satisfactory manner, according to the suit.
Miller was also terminated from his employment on June 24, 2022, at the age of 55, according to the suit.
Miller claims less than a month after his termination, Shamblin hired multiple truck drivers under the age of 40.
Miller says he suffered and will continue to suffer lost wages and benefits, according to the suit.
The plaintiff claims the defendant acted with actual malice toward him or with a conscious, reckless and outrageous indifference to the health, safety and welfare of others.
Miller and Price are seeking compensatory and punitive damages with pre-judgment interest. They are represented by Mark A. Atkinson of Atkinson & Frampton in Charleston.
Both of the cases have been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 23-C-494, 23-C-495
