Woman loses job after 29 years of employment, files lawsuit

Michelle Massey Nov. 29, 2010, 7:10am

A Louisiana woman has filed an age discrimination lawsuit against her employer St. Anthony Healthcare and Rehabilitation Center claiming she lost her job to a younger individual.

Bertha Torbor filed the suit on Nov. 10 in federal court in New Orleans.

Torbor states she was employed by the defendant for more than 29 years before she was terminated from her employment in April 2008. She claims she was replaced by a younger individual with less seniority, experience and training and who had a number of disciplinary actions taken against him.

According to the lawsuit, Torbor was told that her younger replacement was more qualified because he was state-certified. Torbor claims the rationale was a pretext as she also is state-certified.

The defendant is accused of violating the Age Discrimination in Employment Act.

"Defendant's actions towards Plaintiff, as alleged in this Complaint, were intentional and undertaken with malice or reckless indifference, retaliatory and/or motivated by age and constitute violations of the ADEA," the lawsuit states.

Torbor is seeking damages for lost wages, benefits, loss of earning capacity, mental anguish, emotional distress, upset, grief, aggravation, loss of enjoyment of life, physical pain and suffering, interest, attorney's fees and court costs.

She is represented by John O. Pieksen Jr. of John Pieksen & Associates in New Orleans.

U.S. District Judge Kurt D. Engelhardt is assigned to the case.

Case No. 2:10-cv-04299

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