Long-time employee asserts he was fired because of his age and short term disability.


Employee Files Lawsuit against New Penn Motor Express, Inc., for Age and Disability Discrimination    

Robert began working for New Penn Motor Express as a supervisor in the late 1970s and eventually progressed to the position of terminal manager. Knowledgeable and highly qualified for the position, Robert  received a review of “Meets Expectations” in his 2014 annual performance review.

Allegedly, this new supervisor said that “things were going to change.”In 2015, New Penn Motor Express hired a new president of operations. Robert noted that the new president was in his mid-forties and often directed ageist comments to employees older than him. Robert claims the president used phrases like “legacy employees” to refer to employees who had been working “for too long” with New Penn Motor Express. Soon after the new president was hired, Robert’s supervisor was terminated and replaced with another man in his mid-forties. Allegedly, this new supervisor said that “things were going to change.”

After that chilling statement, the supervisor conducted the annual performance reports, despite only working with the company for a few months. During Robert’s performance review, the supervisor marked Robert as “Needs Improvement” and asked about Robert’s plans with the company. When the supervisor discovered that Robert planned to work until his grandkids graduated from college, the supervisor asked Robert’s age and allegedly expressed surprise that Robert wasn’t planning on retiring soon.

A week or so later, Robert struggled to see out of his left eye. A doctor visit revealed that his left eye suffered from a corneal ulceration, which could result in permanent vision loss if not treated. Naturally, Robert sought treatment throughout the week but then needed a month-long medical leave of absence, which New Penn Motor Express granted. When Robert returned to work, he discovered that his supervisor had cleared out his office and stashed his personal items in a filing cabinet. Furthermore, Robert claims that his supervisor welcomed him back to the office by placing him on a Performance Improvement Plan (PIP). No other terminal manager who had received the “Needs Improvement” mark was placed on a PIP. Clearly, Robert experienced unequal treatment. Two months later, Robert was terminated and replaced by a younger man.

Robert believes that he was terminated because he was 65 years old and had a short term disability. While New Penn Motor Express denies these claims, no one can deny that a company that fires an employee with almost 40 years of excellent service to the company looks ungrateful. In fact, termination for age or disability discrimination is illegal. KM&A challenges employers who clean house through discriminatory tactics and fights for men like Robert.

Full text of this complaint, as filed with the District Court for the Middle District of Pennsylvania, is available at docket no: 3:17-cv-01278-MEM

Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.

For more information about this case, contact Attorney Jonathan Chase at 215-475-3504 or at jwc@lawkm.com or Attorney Colin Saltry at 215-475-3544 or at cs@lawkm.com.

NOTICE: All information contained in this statement comes from the Complaint which has been filed as a public record with the court. As dedicated civil rights attorneys, we strongly believe in the public value of telling our clients’ stories: violators can be held accountable, and other silent victims can feel empowered to stand up for their legal rights. Although we make every attempt to verify our clients’ claims, note that the defendant is expected to oppose our client’s position, and the court has not ruled one way or the other as of the date of this statement.