Former employee sues Alpha Technologies

By Whitney Brakken | Dec 17, 2013

WINFIELD - A man is suing his former employer, alleging violations of West Virginia Human Rights Act, West Virginia Wage Payment and Collection Act and the Fair Labor Standards Act.

Robert D. Keaton filed a lawsuit Dec. 9 in the Circuit Court of Putnam County against Alpha Technologies Inc., citing violation of the West Virginia Human Rights Act, violation of the West Virginia Wage Payment and Collection Act, violation of the Fair Labor Standards Act, negligent infliction of emotional distress and intentional infliction of emotional distress.

The complaint states Keaton was an employee of Alpha Technologies from January 2012 until March 28, 2013. The plaintiff says while working at the end of February 2013, he became dizzy and fainted.

He was taken to a local emergency room and upon his return to work, he was advised by his supervisor to take time off work to determine the cause of the medical emergency, he says. The plaintiff states he had medical appointments scheduled when he was terminated.

The defendant committed numerous violations including treating the plaintiff as salaried and never paying for hours worked in excess of 40 hours per week, failing to pay Keaton all wages due at the time of termination, making illegal deductions to plaintiff's final check and terminating plaintiff in violation of the Human Rights Act, according to the complaint.

Keaton is seeking compensatory damages, emotional distress damages, punitive damages, attorney fees and costs, prejudgment interest and further relief as the court finds appropriate. He is being represented in the case by attorney Richard W. Walters of Shaffer & Shaffer PLLC.

Putnam County Civil Action No. 13-C-398

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