Deployed service member sues McKamish for alleged workplace discrimination

By Jenie Mallari-Torres | Nov 30, 2018

PITTSBURGH — A Pennsylvania man is suing his former employers, citing alleged discrimination and violations of the Uniformed Services Employment and Reemployment Rights Act and the Pennsylvania Military Affairs Act.

Donald Daisley filed a complaint Nov. 20 in U.S. District Court for the Western District of Pennsylvania against McKamish Inc., Kevin McKamish and Dennis McKamish, alleging they breached its duty of good faith and fair dealings.

According to the complaint, the plaintiff alleges that on June 6, 2017, he suffered damages and will continue to suffer irreparable injury and monetary damages as a result of defendant’s discriminatory practices of interfering with his duty as an active member of the military and upon knowing plaintiff's upcoming deployment in 2018. 

The plaintiff holds McKamish Inc., Kevin McKamish and Dennis McKamish responsible because the defendants allegedly subjected plaintiff to discriminatory comments due to his previous deployment, forced plaintiff to engage in a protracted dialog to receive his duly owed year-end bonus, and intentionally terminated plaintiff due to his new military deployment and to avoid the vesting of his profit sharing.

The plaintiff requests a trial by jury and seeks judgment against the defendant for all damages and other remedies, including lost wages, front pay, compensatory, punitive and/or liquidated damages, proceeds owed from the profit-sharing plan, legal fees and expenses, court costs, and other such relief as the court may deem appropriate. He is represented by Christi Wallace of Kraemer, Manes & Associates LLC in Pittsburgh.

U.S. District Court for the Western District of Pennsylvania Case No. 18-cv-01562.

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