The Register-Herald, Beckley, West Virginia

Local News

December 27, 2008

Suit accuses Greenbrier Clinic of age discrimination

By Christian M. Giggenbach

LEWISBURG — A Virginia man has filed an age discrimination lawsuit against The Greenbrier Clinic, alleging the medical facility hired a younger employee for his position after he voluntarily accepted a temporary layoff in late 2006.

The lawsuit was filed Dec. 4 by 59-year-old Norman Henry Bell of Monterey, Va., who hired a Charleston law firm, The Grubb Law Group, to represent him. According to the suit, Bell had been employed as a medical technologist and cardiac sonographer with the clinic since 1988.

“On or about Dec. 29, 2006, Mr. Bell voluntarily accepted a temporary layoff from (The Greenbrier Clinic) during the months of January, February and March 2007,” the suit stated. “The layoff was related to the renovation of the Greenbrier Hotel and a concomitant reduction in patient load at the Greenbrier Clinic.”

The suit alleges Bell accepted the layoff on the condition that “he would be returned to his previous position as soon as the Greenbrier Clinic resumed normal operations and to allow a single mother in his department to continue receiving her salary.”

“On or about March 19, 2007, (The Greenbrier Clinic) contacted Mr. Bell and indicated that it was ready to rehire and/or reinstate plaintiff to his prior position of employment within a few days,” the suit stated.

“Despite (The Greenbrier Clinic’s) promises and assurances, Mr. Bell heard nothing from the defendant for approximately two weeks; as a result, he repeatedly attempted to contact defendant to determine the status of his return to work. Subsequently, (The Greenbrier Clinic) informed Mr. Bell that his former position at the clinic had been filled, and that (The Greenbrier Clinic) would not return him to his previous position, as promised. Upon information and belief, a younger, less qualified employee was hired by (The Greenbrier Clinic) to replace Mr. Bell.”

The lawsuit alleges the clinic violated the age discrimination clause of the state Human Rights Act, among several other claims. Bell has requested the circuit court to reinstate his position of employment with the clinic and to award him compensatory damages.

The Greenbrier Clinic had not filed a response to Bell’s claims as of Dec. 23. According to its Web site, The Greenbrier Clinic was formed in 1948 by “progressive business leaders who understand that healthy executives are the cornerstone of healthy corporations.” The clinic is located in the West Virginia Wing of The Greenbrier.

— E-mail: cgiggenbach@register-herald.com



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