Man sues Tidewater Medical Solutions for alleged wage payment violations

By Kyla Asbury | Dec 4, 2013

Cabell County Courthouse


HUNTINGTON - A Salt Rock man is suing Tidewater Medical Solutions after he claims it violated the West Virginia Wage Payment and Collection Act.

Michael Ruane was also named as a defendant in the suit.

On April 1, 2011, Ruane, individually and as a representative of TMS, extended an offer of employment to Brian Lingenfelter to serve as a regional sales representative for TMS to market and sell neurological implantation devices and medical instruments in West Virginia and southeast Ohio, according to a complaint filed Nov. 22 in Cabell Circuit Court.

Lingenfelter claims the defendants agreed to pay him a commission ranging from 10 percent to 50 percent for all sales made on behalf of TMS.

A written employment contract was mailed to Lingenfelter at his residence in Salt Rock, and the contract was executed by him and returned to the defendant, according to the suit.

Lingenfelter claims he successfully sold on behalf of TMS and each month he received a check from TMS for the amount of all commissions earned.

On Aug. 1, Lingenfelter resigned from his position with TMS and in July, he had earned commissions totaling $9,112.02, according to the suit.

Lingenfelter claims the defendants deducted earned commissions in the amount of $7,923.68 from his last paycheck, thereby failing to pay the full amount of commissions earned by him.

The defendant violated the West Virginia Wage Payment and Collection Act, according to the suit.

Lingenfelter is seeking compensatory damages in the amount of $7,923.68, treble damages in the amount of $23,771.04 and punitive damages. He is being represented by Michael C. Walker of Cyrus & Adkins.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 13-C-912

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