Jon Campisi Mar. 6, 2014, 10:16am


A suburban Philadelphia man is suing Xfinity Live! over claims that he was

terminated from his job at the restaurant and entertainment venue because of his age, and because he complained about discriminatory treatment.

Terrence Graham, who resides in Darby, Pa., filed suit in U.S. District Court in Philadelphia on March 4 over allegations that the company violated the Age Discrimination in Employment Act and the Pennsylvania Human Relations Act when it fired him in late 2012.

The plaintiff, who was 44 at the time, maintains that he was “pretextually terminated” because he was one of the oldest, if not the oldest, employees at the company.

Graham was initially hired as a maintenance worker and landscaper.

The lawsuit says that he had at least 15 years of experience in those fields at the time.

The plaintiff was brought aboard to fix a drainage problem that couldn’t be solved by other employees, according to the complaint.

Graham submitted a solution for the drainage problem in early August 2012, the suit states, but instead of permitting him to be involved with the project, the defendant took Graham’s suggestions, along with his plan, and then “circumvented him entirely.”

In the process of cutting the plaintiff out of the project, the complaint alleges, the defendant also cut down Graham’s hours.

Graham was also suspended for two weeks in late August 2012 after he complained about harassment on the part of one of his supervisors.

The plaintiff ended up meeting with two of the defendant’s representatives in September of that year regarding his allegations.

He was ultimately terminated over the phone on Nov. 12, 2012, the complaint states.

The suit contains counts of age and gender discrimination.

Graham seeks to have the defendant permanently enjoined from discriminating or retaliating against employees.

He also seeks back pay, front pay, bonuses and medical and other benefits.

Graham is also seeking unspecified punitive damages, costs and attorneys’ fees.

The plaintiff is being represented by attorneys Timothy M. Kolman, Wayne A. Ely and W. Charles Sipio of the Penndel, Pa. firm Kolman Ely P.C.

 

The federal case number is 2:14-cv-01308-AB.

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