WHEELING – A former Cracker Barrel employee has filed a class action lawsuit against the restaurant, alleging it did not pay its former employees their final wages in a timely manner.

The lawsuit, filed by Mary F. Cyrus in Ohio County Circuit Court on Dec. 9, says Cracker Barrel violated the West Virginia Wage Payment and Collection Act. Cyrus was a retail manager until she was fired on Feb. 9.

“Defendant failed to Plaintiff and other similarly-situated Class members their employment wages in full within the time periods mandated by the WPCA for discharged employees,” the complaint says.

“Defendant’s actions violated the WPCA entitling Plaintiff and other simlarly-situated class members to treble damages and to attorneys’ fees and costs…”

The plaintiff is represented by Todd S. Bailess and Joy B. Mega of Bailess Law in Charleston.

The complaint says the plaintiff reserves the right to refine the class definition after discovery takes place. For now, it is defined as “All persons formerly employed by the Defendant in West Virginia who were discharged and not paid all wages timely at any time five years prior to the filing of this Complaint through class certification.”

In addition to the complaint, the plaintiff filed a motion for class certification on Dec. 9. It asks that Cyrus be appointed class representative and Bailess Law and Bailey & Glasser be named class counsel.

It also requests a briefing schedule on the motion.

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