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ELECTRONICALLY FILED - 2023 Sep 29 3:35 PM - FLORENCE - COMMON PLEAS - CASE#2023CP2102321
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF FLORENCE FOR THE TWELFTH JUDICIAL CIRCUIT
Jon Necci,
SUMMONS
Plaintiff,
v.
Clarios, LLC,
Defendant.
TO: THE DEFENDANT ABOVE-NAMED:
YOU ARE HEREBY SUMMONED and notified that an action has been filed
against you in this court. Within 30 days after service hereof, exclusive of the day of such
service, you must respond in writing to this Complaint by filing an Answer with this
court. You must also serve a copy of your Answer to this Complaint upon the Plaintiff or
the Plaintiff’s Attorney at the address shown below. If you fail to answer the Complaint,
judgment by default could be rendered against you for the relief requested in the
Complaint.
By: Samantha Albrecht
Samantha Albrecht, Esq. (SC Bar #102642)
BURNETTE SHUTT & McDANIEL, PA
912 Lady Street, Second Floor
Post Office Box 1929
Columbia, South Carolina 29202-1929
Tel. (803) 904-7933
Fax (803) 904-7910
salbrecht@burnetteshutt.law
ATTORNEY FOR PLAINTIFF
Columbia, South Carolina
September 29, 2023
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ELECTRONICALLY FILED - 2023 Sep 29 3:35 PM - FLORENCE - COMMON PLEAS - CASE#2023CP2102321
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF FLORENCE FOR THE TWELFTH JUDICIAL CIRCUIT
Jon Necci,
Plaintiff,
COMPLAINT
v. (Jury Trial Demanded)
Clarios, LLC,
Defendant.
Plaintiff complaining of the defendant respectfully alleges as follows:
PARTIES AND JURISDICTION
1. Plaintiff, Jon Necci, is a citizen and resident of Florence County, South
Carolina. At all relevant times described herein, Plaintiff was an employee of Defendant,
Clarios LLC.
2. Defendant, Clarios, LLC, is an corporation which operates in Florence
County where most or all of the acts complained of herein occurred.
3. This action is brought pursuant to the Age Discrimination in Employment
Act (ADEA), 29 USC § 621 et. seq. (1967).
4. Plaintiff timely filed a charge of discrimination with the Equal Employment
Opportunity Commission, received his right to sue notice, and this action is timely filed
within the requisite period.
5. Plaintiff has fully exhausted all of his administrative remedies prior to
bringing this claim.
6. The parties have sufficient connections to Florence County, South
Carolina, the events at issue occurred therein, and jurisdiction and venue are proper.
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ELECTRONICALLY FILED - 2023 Sep 29 3:35 PM - FLORENCE - COMMON PLEAS - CASE#2023CP2102321
FACTUAL ALLEGATIONS
7. Plaintiff was born in September 1961.
8. In July 2019, Plaintiff began working for Defendant as a manufacturing
and engineering manager. Throughout his employment, Plaintiff consistently performed
his job duties in a competent manner and received positive evaluations.
9. In April 2022, Elvin Powell, who was approximately in his 40s and a
colleague of Plaintiff, was promoted to the position of plant manager. Subsequently,
Powell made pretextual comments to Erica Pryor, Defendant’s HR manager and other
colleagues, indicating that the Plaintiff would be terminated within six months.
10. Powell began to pretextually target Plaintiff based on his age. Powell
micromanaged Plaintiff’s work and questioned his work without cause. Powell did not
subject younger employees to this type of treatment.
11. On June 17, 2022, Plaintiff received a call from a night shift supervisor
regarding a missing negative lead required for charging batteries. Plaintiff suggested
converting a positive lead to a negative lead to serve as a replacement, a practice that
had been done previously without any safety concerns or incidents.
12. When Powell was notified, he stated it was a safety issue, although it had
never been viewed as such in the past, and even younger employees had undertaken
similar actions without facing any consequences under previous supervisors, and
younger colleagues did not experience similar treatment.
13. On June 20, 2022, Plaintiff was called into a meeting with Powell and
Pryor and was told he was being terminated. Plaintiff was not given a reason for his
termination.
14. Pryor stated to Plaintiff that the termination was “unbelievable”.
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ELECTRONICALLY FILED - 2023 Sep 29 3:35 PM - FLORENCE - COMMON PLEAS - CASE#2023CP2102321
15. Plaintiff was replaced by a less qualified individual who was substantially
younger, at approximately 28 years old.
FOR A FIRST CAUSE OF ACTION
(Age Discrimination)
16. Where not inconsistent herewith, the Plaintiff realleges the foregoing.
17. Plaintiff is over 40 and is in a protected class with respect to his age.
18. Plaintiff met the legitimate expectations of his job as evidenced by his prior
performance record and lack of disciplinary actions.
19. Plaintiff was terminated without being provided any legitimate
nondiscriminatory reason.
20. Plaintiff was replaced by a younger, less qualified employee.
21. Plaintiff was terminated because of his age.
22. Defendant is liable to the Plaintiff for age discrimination and the damages
directly and proximately caused thereby, which include back pay, front pay, back
benefits, front benefits, diminished earning capacity, pain and suffering, stress and
anxiety, and the reasonable attorney’s fees and costs of this action. He is also entitled
to injunctive relief to include reinstatement.
23. Furthermore, the age discrimination described herein was willful and
wanton, and Plaintiff is entitled to liquidated damages for the same.
PRAYER FOR RELIEF
WHEREFORE, for the actions alleged above, Plaintiff prays for judgment to be
awarded against the Defendant for all recoverable damages she has suffered because
of the claims alleged herein in an appropriate amount to be determined by a jury; as
well as any other relief this Court should deem proper. Plaintiff further requests
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ELECTRONICALLY FILED - 2023 Sep 29 3:35 PM - FLORENCE - COMMON PLEAS - CASE#2023CP2102321
attorney’s fees and costs. Last, Plaintiff requests pre-and post-judgment interest be
awarded on all damages.
Burnette, Shutt & McDaniel, P.A.
s/ Samantha Albrecht
Samantha Albrecht (Bar #102642)
912 Lady Street
P.O. Box 1929
Columbia, South Carolina 29202
Office: (803) 850-0912
Direct: (803) 904-7933
Facsimile: (803) 904-7910
salbrecht@burnetteshutt.law
ATTORNEY FOR PLAINTIFF
September 29, 2023
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ELECTRONICALLY FILED - 2023 Sep 29 3:35 PM - FLORENCE - COMMON PLEAS - CASE#2023CP2102321 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF FLORENCE FOR THE TWELFTH JUDICIAL CIRCUIT Jon Necci, SUMMONS Plaintiff, v. Clarios, LLC, Defendant. TO: THE DEFENDANT ABOVE-NAMED: YOU ARE HEREBY SUMMONED and notified that an action has been filed against you in this court. Within 30 days after service hereof, exclusive of the day of such service, you must respond in writing to this Complaint by filing an Answer with this court. You must also serve a copy of your Answer to this Complaint upon the Plaintiff or the Plaintiff’s Attorney at the address shown below. If you fail to answer the Complaint, judgment by default could be rendered against you for the relief requested in the Complaint. By: Samantha Albrecht Samantha Albrecht, Esq. (SC Bar #102642) BURNETTE SHUTT & McDANIEL, PA 912 Lady Street, Second Floor Post Office Box 1929 Columbia, South Carolina 29202-1929 Tel. (803) 904-7933 Fax (803) 904-7910 salbrecht@burnetteshutt.law ATTORNEY FOR PLAINTIFF Columbia, South Carolina September 29, 2023 1 ELECTRONICALLY FILED - 2023 Sep 29 3:35 PM - FLORENCE - COMMON PLEAS - CASE#2023CP2102321 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF FLORENCE FOR THE TWELFTH JUDICIAL CIRCUIT Jon Necci, Plaintiff, COMPLAINT v. (Jury Trial Demanded) Clarios, LLC, Defendant. Plaintiff complaining of the defendant respectfully alleges as follows: PARTIES AND JURISDICTION 1. Plaintiff, Jon Necci, is a citizen and resident of Florence County, South Carolina. At all relevant times described herein, Plaintiff was an employee of Defendant, Clarios LLC. 2. Defendant, Clarios, LLC, is an corporation which operates in Florence County where most or all of the acts complained of herein occurred. 3. This action is brought pursuant to the Age Discrimination in Employment Act (ADEA), 29 USC § 621 et. seq. (1967). 4. Plaintiff timely filed a charge of discrimination with the Equal Employment Opportunity Commission, received his right to sue notice, and this action is timely filed within the requisite period. 5. Plaintiff has fully exhausted all of his administrative remedies prior to bringing this claim. 6. The parties have sufficient connections to Florence County, South Carolina, the events at issue occurred therein, and jurisdiction and venue are proper. 1 ELECTRONICALLY FILED - 2023 Sep 29 3:35 PM - FLORENCE - COMMON PLEAS - CASE#2023CP2102321 FACTUAL ALLEGATIONS 7. Plaintiff was born in September 1961. 8. In July 2019, Plaintiff began working for Defendant as a manufacturing and engineering manager. Throughout his employment, Plaintiff consistently performed his job duties in a competent manner and received positive evaluations. 9. In April 2022, Elvin Powell, who was approximately in his 40s and a colleague of Plaintiff, was promoted to the position of plant manager. Subsequently, Powell made pretextual comments to Erica Pryor, Defendant’s HR manager and other colleagues, indicating that the Plaintiff would be terminated within six months. 10. Powell began to pretextually target Plaintiff based on his age. Powell micromanaged Plaintiff’s work and questioned his work without cause. Powell did not subject younger employees to this type of treatment. 11. On June 17, 2022, Plaintiff received a call from a night shift supervisor regarding a missing negative lead required for charging batteries. Plaintiff suggested converting a positive lead to a negative lead to serve as a replacement, a practice that had been done previously without any safety concerns or incidents. 12. When Powell was notified, he stated it was a safety issue, although it had never been viewed as such in the past, and even younger employees had undertaken similar actions without facing any consequences under previous supervisors, and younger colleagues did not experience similar treatment. 13. On June 20, 2022, Plaintiff was called into a meeting with Powell and Pryor and was told he was being terminated. Plaintiff was not given a reason for his termination. 14. Pryor stated to Plaintiff that the termination was “unbelievable”. 2 ELECTRONICALLY FILED - 2023 Sep 29 3:35 PM - FLORENCE - COMMON PLEAS - CASE#2023CP2102321 15. Plaintiff was replaced by a less qualified individual who was substantially younger, at approximately 28 years old. FOR A FIRST CAUSE OF ACTION (Age Discrimination) 16. Where not inconsistent herewith, the Plaintiff realleges the foregoing. 17. Plaintiff is over 40 and is in a protected class with respect to his age. 18. Plaintiff met the legitimate expectations of his job as evidenced by his prior performance record and lack of disciplinary actions. 19. Plaintiff was terminated without being provided any legitimate nondiscriminatory reason. 20. Plaintiff was replaced by a younger, less qualified employee. 21. Plaintiff was terminated because of his age. 22. Defendant is liable to the Plaintiff for age discrimination and the damages directly and proximately caused thereby, which include back pay, front pay, back benefits, front benefits, diminished earning capacity, pain and suffering, stress and anxiety, and the reasonable attorney’s fees and costs of this action. He is also entitled to injunctive relief to include reinstatement. 23. Furthermore, the age discrimination described herein was willful and wanton, and Plaintiff is entitled to liquidated damages for the same. PRAYER FOR RELIEF WHEREFORE, for the actions alleged above, Plaintiff prays for judgment to be awarded against the Defendant for all recoverable damages she has suffered because of the claims alleged herein in an appropriate amount to be determined by a jury; as well as any other relief this Court should deem proper. Plaintiff further requests 3 ELECTRONICALLY FILED - 2023 Sep 29 3:35 PM - FLORENCE - COMMON PLEAS - CASE#2023CP2102321 attorney’s fees and costs. Last, Plaintiff requests pre-and post-judgment interest be awarded on all damages. Burnette, Shutt & McDaniel, P.A. s/ Samantha Albrecht Samantha Albrecht (Bar #102642) 912 Lady Street P.O. Box 1929 Columbia, South Carolina 29202 Office: (803) 850-0912 Direct: (803) 904-7933 Facsimile: (803) 904-7910 salbrecht@burnetteshutt.law ATTORNEY FOR PLAINTIFF September 29, 2023 4