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Man claims age led to job loss

August 14, 1998|By KERRY LYNN FRALEY

MARTINSBURG, W.Va. - A Hedgesville, W.Va., man claims he was fired from his job as manager of the Radio Shack store in the Martinsburg Mall because of his age, according to a civil lawsuit filed in Berkeley County Circuit Court.

In the suit, filed July 29 against Fort Worth, Texas-based Tandy Corp., Paul N. Maginnis alleges age discrimination not only in his firing but in other cases, according to court records.

In his case, Maginnis claims he was "regarded as a successful manager" until he was fired March 20, at the age of 52, and replaced by a person in his or her 20s with less experience and fewer qualifications, according to court records.

He claims the company has "engaged in a pattern and practice of replacing management employees over 40 years of age" with less experienced and less qualified younger employees, according to court records.

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He's asking for back pay, the difference in future income if he had stayed with the company and progressed normally, compensatory damages for emotional distress and humiliation, punitive damages to deter future discrimination by the company, and attorney fees and costs, according to court records and his attorney, Harry P. Waddell.

No amount is specified in the lawsuit.

Maginnis declined to be interviewed.

Waddell said Maginnis was with the company at least five years and that all of the stores he managed were in good shape financially and otherwise.

He said he doesn't believe Maginnis has found full-time, comparable employment yet.

Tandy Corp. has no comment on the lawsuit or allegations, said spokesman Tony Magoulas when reached by telephone in Fort Worth.

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