HUNTINGTON – A Huntington man accuses a child care center of age discrimination, retaliation and wrongful termination.
Garrett D. Wilson filed his complaint February 13 in Cabell Circuit Court against the Charles W. Cammack Children’s Center Inc.
According to the complaint, Wilson worked for the health care facility from 1998 until he was fired in October. He was 54 years old at the time of his termination, and his last job title was coordinator of direct care services.
Wilson claims his duties were assumed, at least in part, by employees 10 years or more younger than him. He says he was making about $48,000 per year plus benefits at the time of his firing.
While employed with the defendant, Wilson says he brought to the attention of employees that a child resident had been abused by a member of the staff and that the incident had been recorded on video. He also says he asked the defendant what action was going to be taking regarding the incident.
Wilson also says he had complained about being asked to administer medication when he was not a medical or nursing professional as required within the standards of the industry.
“There were times during the night shift where the defendant did not have a nurse or doctor working who was available to administer prescription medication to the residents,” the complaint states. “Plaintiff, in good faith, on multiple occasions, attempted to ensure patient safety in accordance with the West Virginia Patient Safety Act. …
“During his employment, the defendant falsely implied the plaintiff committed an act that required him to be fired for gross misconduct allegedly in accordance with the defendants’ policies. The defendant did not provide evidence to WorkForce West Virginia that the plaintiff committed any misconduct causing his termination.”
WorkForce West Virginia conducted a hearing and determined Wilson was not disqualified from receiving Unemployment Benefits as he did not commit any misconduct.
Wilson also says the defendant subjected him and others to age discrimination and retaliation related to that discrimination as well as for complaints regarding violations of nursing, medical, child care, home care, standards and regulations, unreasonably interfering with their work performance and for creating an intimidating, hostile, or offensive working environment.
“Defendant was violating medical, nursing and child care standards and regulations including but not limited billing for improper care of patients,” the complaint states. “Plaintiff’s multiple complaints about the defendant’s patient care regarded patient safety, waste, protection of the public, and wrongdoing as defined by the West Virginia Patient Safety Act …
“Plaintiff was discharged by the defendant for pre-textual reasons and upon information and belief was constructively replaced by a substantially younger individual, and had a lesser qualified, substantially younger individual. … Plaintiff consistently received positive employment evaluations before his termination.”
Wilson also says the center’s director and at least one supervisor had camera feeds in their homes which were transmitted from the defendant’s facility.
He accuses the center of age discrimination and wrongful discharge and unlawful retaliation in violation of the West Virginia Human Rights Act, violation of substantial West Virginia public policy including the West Virginia Patient Safety Act.
Wilson seeks general and other damages, including back pay, front pay and lost benefits as well as damages for mental anguish, emotional distress, humiliation, aggravation and inconvenience and damage to his reputation. He also seeks punitive damages, attorney fees, court costs and other relief.
He is being represented by attorneys John Einreinhofer of South Charleston and G. Patrick Jacobs of Charleston. The case has been assigned to Circuit Judge Chad Lovejoy.
Cabell Circuit Court case number 26-C-57
