CHARLESTON – A former employee is suing Vitran Express Inc. for failing to timely pay his final wages and benefits after his employment was terminated.

Sean J. Burke was employed by Vitran until November, according to a complaint filed April 29 in Kanawha Circuit Court.

Burke claims the defendant terminated his employment in November and failed to pay his final wages within 72 hours of terminating his employment, which violated the West Virginia Wage Payment and Collection Act.

As a result of Vitran’s refusal and/or failure to timely pay all wages due, Burke was required to hire an attorney to investigate, institute and prosecute this action, according to the suit.

Burke claims he was damaged by the defendant’s failure to timely pay his final wages and benefits, including his accrued vacation time.

As a result of the defendant’s actions, Burke is also owed liquidated damages, pursuant to the West Virginia Wage Payment and Collection Act, according to the suit.

Burke is seeking compensatory and liquidated damages with pre- and post-judgment interest. He is being represented by L. Tom Price of Holroyd & Yost.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-825

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