A former Mylan Pharmaceuticals employee claims he was falsely accused of stealing and fired because of his age after refusing buyout offers from the company.
Thomas J. Elchuck Sr. is seeking compensation for lost wages and punitive damages for the violation of his rights. Manager of employee labor relations Joshua T. Carr is also a defendant in the case, which was filed Monday by Elchuck’s attorney Karl Kolenich in Monongalia County Circuit Court.
Elchuck was hired in March 1997 as a coater A and did his job to satisfaction, according to the suit. In June 2016, he was wrongfully accused of “theft of company property, or that of a fellow employee, contractor, consultant, guest, etc.,” and was fired. Six months later, Mylan reinstated Elchuck with a “last-chance agreement.” The agreement gave Mylan just-cause to terminate Elchuck if he repeated such conduct within 18 months of it being signed.
In March 2018, Mylan offered Elchuck a retirement buyout package, which he declined, the suit states. It accuses Mylan of seeking to terminate or “otherwise end its employment” of older employees.
In June 2018 the last-chance agreement expired, as did the retirement offers.
On March 13, 2019, Mylan wrongfully accused Elchuck of going through another employee’s lunch box and stealing smokeless tobacco, the suit states. Elchuck was fired the same day.
He denied the accusation and Mylan was unable to show evidence supporting its claim, according to the suit. The report against Elchuck was made anonymously on Mylan’s hotline and not by the “alleged victim of the alleged theft.”
It is the second age discrimination lawsuit against the company this year. In January, Kenneth Zara, 62, sued Mylan, saying he was set up to violate company policy and fired because of his age and disability.
Viatris – the company formed in the merger of Mylan and Upjohn – did not respond in time for this report.
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