CHARLESTON -- A Kanawha County man is suing after his former employer allegedly failed to pay all of his due wages, and his attorneys seek to make it a class action.
Martin V. Holstein filed a class action suit May 21 in Kanawha Circuit Court against Sears Holdings Corp., doing business as Sears, Sears Roebuck and Co., Kmart Corp., Kmart Pharmacy, Sears, Sears Auto Center, Sears Home Services and Sears Promotions LLC.
According to the complaint, Holstein was an employee of the defendants until he was fired Nov. 2. The plaintiff claims he was never fully paid for the work he completed through his termination date, which is a violation of the Wage Payment and Collection Act.
Holstein is seeking damages of not more than $75,000, plus costs and interest.
He is represented by attorneys Todd S. Bailess and Joy B. Mega of Bailess Law LLC and Rodney A. Smith and Jonathan R. Marshall of Bailey & Glasser LLP. The case has been assigned to Circuit Judge Paul Zakaib.
In their filings, the attorneys filed a motion for class certification for all persons employed by the defendants in the five years prior to the filing of the complaint who were discharged and not paid all wages in a timely manner.
Kanawha Circuit Court Case No. 14-C-943