Worker cites restaurant with ADEA violation

By Carol Ostrow | May 28, 2015


A Phoenixville resident brought a complaint against a Chester County business alleging a 2012 violation of employment law.

Lucia Miesse sued Lincoln Court Food Service Inc. of Malvern in the U.S. District Court Eastern District of Pennsylvania on May 18 alleging wrongful termination in December 2012.

Miesse, age 59 at the time, worked as a waitress for the defendant. The grievance claims that she was subjected to age discrimination when her hours were allegedly systematically cut in favor of younger employees. She claims that the action was done in retaliation when she filed for partial unemployment due to lost wages and with the Equal Employment Opportunity Commission.

The plaintiff alleges that the owner tried to force her to quit; that she experienced pain, suffering, humiliation, embarrassment, inconvenience and distress as a result of the defendant’s conduct; and that despite her treatment allegedly improving temporarily following her EEOC filing, she was terminated on or about Dec. 17, 2012, in retaliation for making a complaint of age discrimination.

Miesse seeks back and front pay and benefits; reinstatement; compensatory and punitive damages; attorneys’ and experts’ fees, and court costs. She is represented by Edward Sweeney of Wusunich & Brogan in Downington.

U.S. District Court Eastern District of Pennsylvania Case 2:15-cv-02793-MMB.

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