A former employee has accused a material handling specialist company of age discrimination and breach of contract. Shawn C. Bialecki filed a complaint against Action Lift, Inc. in the United States District Court for the Middle District of Pennsylvania on September 9, 2024.
Bialecki, who is 52 years old, claims that his termination from Action Lift was due to age discrimination and that the company breached an oral contract regarding his compensation. According to the complaint, Bialecki started working for Action Lift in March 2009 as a Technician and was promoted several times over the years, eventually becoming an Account Manager in July 2021. He alleges that his employment was terminated on May 13, 2024, under the pretext of "poor job performance," despite outperforming another Account Manager who was not terminated.
The complaint details how Bialecki's compensation package included a salary and various commissions based on sales performance. The terms were allegedly agreed upon orally when he was promoted to Account Manager. Despite fulfilling his duties successfully, Bialecki claims that Action Lift has failed to pay him outstanding earned commissions totaling $177,174.48 after his termination.
Bialecki's lawsuit includes three counts: violation of the Age Discrimination in Employment Act (ADEA), breach of contract, and violation of the Pennsylvania Wage Payment Collection Law (WPCL). He argues that his replacement by a significantly younger and less qualified individual demonstrates discriminatory intent based on age. The plaintiff seeks damages exceeding $150,000 for lost wages and benefits, liquidated damages under ADEA provisions, attorney fees, expert witness fees, and other court-deemed appropriate reliefs.
Represented by Andrew S. Abramson from Abramson Employment Law LLC., Bialecki aims to hold Action Lift accountable for what he perceives as unlawful termination practices rooted in age bias and failure to honor contractual agreements.