Man says employer didn't pay him overtime

By Joel Brakken | Jan 28, 2014

HUNTINGTON -- A man is suing his employer after the employer failed to pay required overtime.

John Boggs filed a lawsuit Jan. 15 in Cabell Circuit Court against Tina Frances and Sweet Confections Bakery & Catering.

Boggs says he agreed to work for Sweet Confections Bakery & Catering. He alleges the defendant failed to pay overtime for hours worked and currently owes him $1,146.14. Boggs further alleges he was injured on the job and the defendant asked him not to report the injury as compensable by the Workers' Compensation Fund and the company would pay him for undocumented overtime she owed while he was recovering from his injuries. Boggs says after returning to work he asked the defendant for compensation at which time the defendant informed him she had overpaid him for his time off and was putting a stop payment on his final check. The complaint states the final check was in the amount of $341.16 and the stop payment caused him to incur a fee of $12.

Boggs is seeking $1,499.50 in compensatory damages, $4,498.80 in statutory damages, plus attorney's fees and court costs. He is being represented in the case by attorney John A. Proctor.

Cabell County Circuit Court Case No. 14C62.


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