Legal Complaint Filed Following Termination
Amos Gordon Merry III has filed a lawsuit in Cabell County Circuit Court alleging age discrimination led to the end of his five-decade career at Cabell County Emergency Medical Services. The complaint, filed on September 1, 2026, names the Cabell County Commission, the EMS agency, and Commissioner John Mandt Jr. as defendants. Merry claims he performed his duties according to reasonable expectations for fifty years before the events leading to his departure unfolded in early 2025.
Legal filings outline a series of events starting in December 2022 when Mandt joined the commission. Merry alleges that Mandt repeatedly questioned him about his retirement plans during his tenure as director. This pressure intensified after Merry hired Veronica Swope for a supervisory role in January 2025. According to the court documents, Swope’s husband also began questioning Merry about his intended retirement date shortly after her hiring.
Internal Pressure and Personnel Shifts
Conflict intensified in early 2025 during meetings with commissioners. Merry informed the commission that he planned to work until at least late 2026, coinciding with his son’s completion of nursing school. On April 17, 2025, the commission dismissed the assistant director, Steve Murray. That same morning, commissioners allegedly instructed Merry to terminate his secretary. She resigned after Merry relayed the instructions he received from the commission.
By early May, the situation reached a breaking point. On May 8, 2025, the commission met with Merry and informed him that his employment would conclude later that month. The commission instructed him to attend the opening of the new EMS station and a county picnic before submitting his final retirement letter, effective May 23. The complaint describes these events as a constructive discharge, arguing that the reasons provided by the commission were pretextual and that the decision was based solely on his age.
Industry Context and Next Steps
This legal action against the commission underscores the risks associated with forced transitions in long-standing public service roles. The West Virginia Human Rights Act protects individuals within specific age groups from discrimination in the workplace. Merry seeks damages for lost wages, benefits, and emotional distress, alongside punitive damages to be determined by a jury. The court will now have to assess whether the commission’s actions constitute unlawful termination under state law.
Commissioner John Mandt Jr. addressed the matter briefly after a meeting on September 10, 2026. He stated that the commission remains confident that the full evidence will emerge during the legal process. Mandt emphasized the responsibility of elected officials to oversee agencies and make difficult personnel decisions when they identify potential issues or mismanagement. As the legal proceedings move forward, the case highlights the tension between agency oversight and individual labor rights in county government.
Observers should monitor the discovery phase to see what internal documentation regarding personnel changes at CCEMS is made public. The resolution of this case will likely impact how regional commissions handle long-term leadership transitions and the documentation of performance-related employment decisions. The burden of proof rests on the plaintiff to demonstrate that age was the deciding factor in the commission's actions. The courtroom proceedings are expected to reveal more about the specific internal evaluations that preceded the termination.