CHARLESTON -- A former West Virginia Department of Transportation employee is suing after the agency allegedly refused to let him rescind a resignation letter.

Marlin C. Runion III filed suit June 25 in Kanawha Circuit Court against the West Virginia Department of Transportation Division of Highways.

According to the complaint, Runion worked for the defendant from March 2008 until he was involuntarily discharged June 27, 2012. Two days prior to his dismissal, the plaintiff had turned in a two-week resignation later, which he rescinded the next day, the suit states.

Despite speaking with supervisors regarding his rescinding of the resignation, Runion received a formal letter June 27 stating the company had accepted his resignation. Refusing to permit the plaintiff to rescind his resignation is tantamount to an involuntary discharge, according to the filing.

The defendant is accused of violating the West Virginia Constitution, violating the substantial public policy, intentional infliction of emotional distress and violating the West Virginia Wage Payment and Collection Act.

Runion is seeking lost wages and benefits, back pay, front pay, damages, injunctive relief and costs.

He is represented by Charleston attorneys Todd S. Bailess and Joy B. Mega of Bailess Law PLLC. The case has been assigned to Circuit Judge Jennifer F. Bailey.

Kanawha Circuit Court Case No. 14-C-1144

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