Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: FRIDAY, September 30, 1994 TAG: 9409300023 SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY SOURCE: STEPHEN FOSTER STAFF WRITER DATELINE: ROANOKE LENGTH: Medium
James Murray, 62, of Salem, said the arsenal - which laid him off along with more than 700 other employees in January 1993 - targeted him because of his age and in retaliation for his previously filing a charge of age discrimination with the Equal Employment Opportunity Commission. He said his job duties were filled by a younger employee, and is asking for $1 million in compensatory and punitive damages.
Kenneth Moore, of Radford was 50 when Kollmorgen laid him and 14 other employees off in April 1993. He claims his discharge was part of a pattern Kollmorgen used in eliminating some employees over age 40. Moore, who is representing himself, has asked for "appropriate relief," including lost wages, and damages for "distress and humiliation."
Both suits were filed Tuesday in Roanoke.
Dean Manor, a Radford lawyer who is representing the arsenal's operator, Hercules Inc., in both the Murray suit and at least one other age discrimination suit, would not comment.
Dennis Mabes, director of human resources for Kollmorgen, also would not comment, except to say that this was the only such suit to come to his attention.
Joseph Steffen Jr., a Blacksburg lawyer who is representing Murray, said, "I think Ralph Murray is just one example" of how layoffs at the arsenal have unduly targeted older employees.
Steffen also is representing another client in an age and sex discrimination suit against the arsenal, and he knew of at least two more suits, including one filed in January by Isaac Huff of Max Meadows. That $1.1 million suit has not gone to trial; it is being handled by Pulaski lawyer Deborah Dobbins.
Steffen would not expound on the $1 million figure Murray is asking for, half of it for compensatory damages and half for punitive damages. But he said, "I think the law supports the remedy that we're asking for.
"RIFs [reduction in force] tended to get rid of a lot of those people in favor of younger individuals," who are paid less, Steffen said.
Murray worked for Hercules for nearly 32 years, and was an engineer when he lost his job. The suit says he became despondent and suffered marital problems afterward.
Moore worked for Kollmorgen for more than 14 years, and was earning $38,700 as a manager when he lost his job in April 1993. Moore has an unlisted phone number and could not be reached for comment.
In his suit, he said the company made it clear that he was not terminated because of work performance, and he provided a copy of a positive job reference and the official layoff letter in his suit.
"The letter was not true as shortly after my termination, the company hired a younger man, who was age (approximately) 35, to perform my duties."
He, too, filed a charge of age discrimination with the EEOC, which recently returned him a letter giving him the right to sue the company.
The commission normally does not comment on its rulings because of confidentiality laws.
A date has not been set for either of the civil cases, which usually take many months to be heard.
by CNB