PRINCETON – A West Virginia man is suing a car dealership over claims it short-changed him when paying his wages.
Keith Tyler filed a lawsuit June 5 in Mercer Circuit Court against Ramey Motors, alleging violations of the West Virginia Wage Payment and Collection Act, fraud, breach of contract and wrongful discharge.
Prior to Ramey Motors terminating Tyler, he worked for the company for more than 12 years, at least one of which he served as a sales manager paid on both salary and commission, the complaint states.
The suit states it was the accepted and understood practice that Tyler's commission was calculated using a formula for "policy work," the re-conditioning cost of getting the car ready between the dealer's purchase and resale to an individual buyer.
However, the suit states, Ramey Motors fraudulently inflated the value of "policy work" to short-change Tyler of the commission he was entitled to.
Tyler confronted the defendant regarding this issue first in November 2014, indicating he would notify the Labor Board, after which Ramey Motors looked for an excuse to terminate Tyler, the suit states.
On Dec. 2, 2014, in a meeting with Ramey Motors management, Tyler again raised the fraudulent inflation issue but was told by Robert Ramey that they could not discuss the issue. Tyler was later terminated.
Tyler seeks reinstatement, back and front wages and fringe benefits, compensatory damages, punitive damages, treble damages, all other related damages, and attorney fees and court costs.
Tyler is being represented by Rudolph L. Di Trapano and Robert M. Bastress III of Di Trapano, Barrett, DiPiero, McGinley & Simmons in Charleston. The case has been assigned to Circuit Judge William J. Sadler.
Mercer Circuit Court case number 15-C-214
