Randall Lengyel was employed by the defendant from Oct. 17, 2008, until Nov. 12, according to a complaint filed April 29 in Boone Circuit Court.
Lengyel claims as a fringe benefit and enticement, the defendant provided paid vacation time away from work to allow employees the necessary time for mental, physical and emotional relaxation and the vacation time was a fringe benefit.
At the time of his termination, the plaintiff had accumulated 1,260 hours of unused vacation time, as reflected by his work records, and, at the time of her termination, he was earning $37.98 per hour.
Lengyel claims as such, he was entitled to receive $47,855 from the defendant for accrued but unpaid vacation pay as a fringe benefit.
The plaintiff had also accumulated 57 hours of compensation time at an hourly rate of $37.98 for a total of $2,180 of compensation pay, according to the suit.
Lengyel claims the defendant was required to pay his wages by the next regular pay day and failed to do so.
The plaintiff never received payment for his accrued vacation pay and compensation pay, according to the suit.
Lengyel claims the defendants failed to pay him a total of $50,035 within the time allotted by West Virginia Code.
Lengyel is seeking judgment in the amount of $200,140 with interest. He is being represented by Michael J. Del Giudice of Ciccarello, Del Guidice & LaFon.
Boone Circuit Court case number: 16-C-71
