52-year-old man says he was fired because of age, workplace accident
Kenneth W. Currey, of Fairmont, W.Va., claims three corporations — Crompton Corp. of Delaware, Crompton Manufacturing Corp. Inc. of New Jersey and Chemtura Corp. of Delaware — and his supervisor Kieffer Hess discriminated against him because he filed for worker's compensation and because of his age.
The lawsuit, filed Dec. 28, says the 52-year-old Currey has worked for the company since March 1989 despite several mergers. Crompton Corp. at some point after 1989 became Crompton Manufacturing Corp. Inc., and in March 2005 the company became Chemtura Corp. and began installing poor automation systems to cut costs, Currey claims in the suit.
These systems, he claims, created an unsafe work environment. Currey also argued several times with Hess about other safety issues in the plant.
The suit says that on March 21, 2005, Currey was injured when a blow pot shifted as it was being elevated. Currey suffered a temporary, but total, disability, and filed for worker's compensation.
When he returned to his job after a few months, according to the Record, Hess asked him for a “guarantee†that he would not be injured again. When Currey could give no such guarantee, Hess terminated his employment despite Currey's flawless work performance record, the suit says.
Currey's lawyer believes this guarantee only would be asked of an older employee, therefore Currey is seeking punitive damages for severe emotional distress, his wrongful discharge under the West Virginia Human Rights Act of 1967, disability discrimination under the Worker's Compensation Discrimination Statue, and age discrimination.
He is also seeking damages for his substantial past, present and future loss of income and benefits, attorney's fees and court costs. He also is pushing for a trial by jury and reinstatement to his position of production technician if it's deemed appropriate.
The lawsuit, filed Dec. 28, says the 52-year-old Currey has worked for the company since March 1989 despite several mergers. Crompton Corp. at some point after 1989 became Crompton Manufacturing Corp. Inc., and in March 2005 the company became Chemtura Corp. and began installing poor automation systems to cut costs, Currey claims in the suit.
These systems, he claims, created an unsafe work environment. Currey also argued several times with Hess about other safety issues in the plant.
The suit says that on March 21, 2005, Currey was injured when a blow pot shifted as it was being elevated. Currey suffered a temporary, but total, disability, and filed for worker's compensation.
When he returned to his job after a few months, according to the Record, Hess asked him for a “guarantee†that he would not be injured again. When Currey could give no such guarantee, Hess terminated his employment despite Currey's flawless work performance record, the suit says.
Currey's lawyer believes this guarantee only would be asked of an older employee, therefore Currey is seeking punitive damages for severe emotional distress, his wrongful discharge under the West Virginia Human Rights Act of 1967, disability discrimination under the Worker's Compensation Discrimination Statue, and age discrimination.
He is also seeking damages for his substantial past, present and future loss of income and benefits, attorney's fees and court costs. He also is pushing for a trial by jury and reinstatement to his position of production technician if it's deemed appropriate.
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