O'Hara v. Dow Jones, Inc. et al

Filing 1

COMPLAINT against Dow Jones, Inc., National Delivery Services, Inc. ( Filing fee $ 350 receipt number SYR7521) filed by Ronald O'Hara. (Attachments: # 1 Exhibit A)(alh)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
__________________________________________________________________________________
Ronald O’Hara,
Plaintiff,
-against-

COMPLAINT

Dow Jones, Inc. and National Delivery Service, Inc.,
Defendants.
__________________________________________________________________________________
Plaintiff as and for his complaint by his undersigned counsel, alleges as follows:
INTRODUCTION
1. This is an action to remedy unlawful employment practices in violation of the plaintiff’s
rights under the Age Discrimination in Employment Act and the New York State Executive
Law.
THE PARTIES
2.

At all times mentioned herein, plaintiff was an employee within the meaning of the Age

Discrimination in Employment Act (29 U.S.C.A. § 621-634) protected against discrimination
in employment on the basis of his age and was a member of the protected group of workers
40 years of age or older.
3.

At all times mentioned herein, defendants were an employers within the meaning of the

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Age Discrimination in Employment Act (29 U.S.C.A. s. 621-634), and as such was prohibited
from discriminating in employment on the basis of age.
JURISDICTION AND VENUE ALLEGATIONS
4.

Plaintiff filed a timely charge with the Equal Employment Opportunity Commission and

received a notice March 8, 2006 of his right to sue in United States District Court pursuant to
42 U.S.C.A. s. 2000e, permitting plaintiff to bring this action. That Right To Sue Letter is
attached hereto as Exhibit "A" and is incorporated herein by reference. Plaintiff has therefore
exhausted all available and required administrative remedies.
AS AND FOR A FIRST CAUSE OF ACTION
Alleging a violation of the Age Discrimination in Employment Act
5.

Plaintiff hereby repeats and re-alleges each allegation contained in paragraphs 1 through

4 above.
6. Plaintiff worked as a delivery manager for defendant since 1996.
7. Plaintiff was sixty-nine (69) years old at the time of his termination in March 2005.
8. Plaintiff had a good work record with defendant..
9.

Plaintiff has been discriminated against by defendant on the basis of his age in violation

of the Age Discrimination in Employment Act (29 U.S.C.A. § 621, et seq.) by defendant's
engaging in a course of conduct which included: terminating his employment and upon
information and belief, replacing him with a substantially younger worker .
10. Plaintiff was fired in March 2005 for allegedly violating work rules.
11. Plaintiff was not aware that he was violating any rule and was operating as he always
had in the past nine years

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12. Plaintiff was told by a co-worker that he was fired for age reasons and that the alleged
rule violation was merely a pre-text.
13. Plaintiff has been unable, despite reasonable efforts, to find comparable employment.
14. As a proximate result of the foregoing, plaintiff has been denied employment; has lost
wages, benefits, promotional opportunities and bonuses; and has incurred damages thereby.
AS AND FOR A SECOND CAUSE OF ACTION
Pleading a Cause of Action for Discrimination on the Basis of a Age under
N.Y. S. Executive Law § 296(1)
15. Plaintiff hereby repeats and re-alleges each allegation contained in paragraphs 1 through
14, as if fully set forth herein.
16. Plaintiff alleges that the conduct as described by the preceding paragraphs is also a
violation of the New York State Executive Law § 296(1).
17. Plaintiff has been unable, despite reasonable efforts, to find comparable employment.
18. As a result of the foregoing, plaintiff has been denied employment; has lost wages,
benefits, promotional opportunities, and bonuses; has suffered mental anguish, emotional
distress and loss of enjoyment of life; and has incurred damages thereby.
WHEREFORE, plaintiff prays that this Court grant judgment to him containing the
following relief:
19. An award to plaintiff of his actual damages in an amount to be determined at trial for
loss of wages, benefits, and promotional opportunities, including an award of front pay
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compensating plaintiff for loss of future salary and benefits;
20. An award to plaintiff of double her actual damages in an amount to be determined at trial
as liquidated damages under 29 U.S.C.A. s. 626(b);
21. An award to plaintiff of the costs of this action, together with his reasonable attorneys'
fees; and
22. Such other and further relief as this Court finds just and proper.
JURY DEMAND
23. Plaintiff demands a jury trial for all claims stated herein.

VERIFICATION

STATE OF NEW YORK
COUNTY OF ONONDAGA

)
) ss.:

Ronald O’Hara , being duly sworn, deposes and says that he is the plaintiff in the within action; that
deponent has read the foregoing and knows the contents thereof; that the same is true to deponent's
own knowledge, except as to the matters therein stated to be alleged upon information and belief, and
that as to those matters deponent believes it to be true.

s/ Ronald O’Hara
Sworn to before me this 2nd
day of June , 2006.

Notary Public

Dated: June 2, 2006

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s/ George S. Mehallow
Attorney for Plaintiff
Bar Roll No. 507261
2700 Bellevue Avenue
Syracuse, New York 13219
Tel. No. [phone]
E-mail: [e-mail]

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