A former sales agent has accused his previous employer of subjecting him to repeated age-based harassment and failing to pay earned commissions, according to a complaint filed in the United States District Court for the Eastern District of New York on March 25, 2026. The lawsuit was brought by Edward F. Ness against Roman Stone Construction Company.
The complaint alleges that Ness experienced persistent age-related remarks from supervisors during his employment with the company, which began on May 28, 2024. Ness claims he was hired as a Sales Agent with an annual base salary of $125,000 plus benefits but was repeatedly referred to as an “old man” in work-related communications by members of management. The filing states that these comments were made both in person and through text messages by Ahmed Shahin, the Managing Estimator at Roman Stone Construction Company. For example, on or about April 27, 2025, Shahin allegedly sent Ness a message saying “old man,” followed by similar messages in June 2025 such as “Where r u old man” and “Good morning old man.”
Ness reports that he notified management about these remarks but asserts that no meaningful corrective action was taken. Instead, he alleges that after raising concerns about the conduct to management—including Sales Director Nancy Pfaff—he faced disparate treatment such as targeted micromanagement and conflicting instructions regarding his job duties. According to the complaint, this treatment impaired his ability to perform essential functions of his position and created what he describes as a hostile work environment.
The filing further claims that internal communications among sales personnel indicated an awareness within management of inappropriate workplace conduct. Despite multiple complaints from Ness regarding both age discrimination and hostility in the workplace, he contends that Roman Stone Construction Company failed to address or correct these issues adequately.
On January 20, 2026, Ness states he was constructively discharged due to intolerable working conditions resulting from unchecked age-based harassment. On the same day as his resignation—which is described in court documents as “involuntary”—the company’s Chief Financial Officer Eric L. Larsen sent Ness a proposed separation agreement via email. The agreement offered two weeks’ base salary and auto allowance as severance contingent upon signing a general release of claims related to age discrimination and wage disputes.
In addition to allegations of discrimination under the Age Discrimination in Employment Act (ADEA) and New York State Human Rights Law (NYSHRL), Ness brings claims for unpaid wages under Article 6 of New York Labor Law (NYLL). He asserts that Roman Stone Construction Company failed to pay all earned commissions owed under its written Sales Incentive Plan—a plan which allocated him a fifteen percent share of quarterly incentive pools funded based on eligible core orders invoiced.
Ness alleges that despite generating substantial sales—nearly $3.5 million in core jobs according to internal spreadsheets—he did not receive full commission payments for these bookings. Specifically mentioned are a $4,000 bonus for new customers and approximately $3,300 in net unpaid sales incentives for the fourth quarter of 2025 after crediting prior partial payments. He further contends that the company alone controls information necessary for calculating total owed amounts due to discretionary adjustments made after-the-fact.
The complaint also raises class-wide implications by stating that other current and former sales employees may have been subjected to similar practices regarding commission calculations and payment delays or reductions.
As remedies for these alleged violations—including willful nonpayment—Ness seeks back pay from his separation date through judgment date; front pay; compensatory damages for emotional distress; statutory liquidated damages under ADEA and NYLL; pre- and post-judgment interest; attorneys’ fees; declaratory judgment regarding breach of contract; injunctive relief against continued unlawful practices; punitive damages where applicable; costs; and any additional relief deemed appropriate by the court.
The case is being handled by attorneys Saul D. Zabell, Ryan M. Eden, and Anthony T. Masciana of Zabell & Collotta P.C., located at One Corporate Drive Suite 103 Bohemia, New York 11716 (Case No.: 2:26-cv-01782).
Source: 226cv01782_Ness_v_Roman_Stone_Construction_Company_Complaint_Eastern_District_New_York.pdf