Age should not be a defining factor in whether to continue to keep an employee. As long as the worker is able to continue to perform the essential functions of the job, there should not be an issue. However, there are occasions when a company may feel that a worker has lost his or her value to the company due to age, resulting in the employee being fired unjustly. That appears to have been the case for a West Virginia man who asserts that the only reason he lost his job was because of his age.
The plaintiff worked for Coal River Mining LLC in various positions. He was a miner operator and then became a dispatcher. He claims that his employer wanted to be alerted when federal and state inspectors were coming in for a visit. According to the plaintiff, he did not believe that it would be legal to alert his superior in advance, and refused to do it.