WEST VIRGINIA RECORD

LOGAN – A Logan County man and a Wyoming County man are suing their employer over late pay and disability discrimination.

Jonathan Sword, individually and on behalf of those similarly situated, filed a class action lawsuit July 15 and Michael Roy Tilley Sr. filed a lawsuit July 21 in Logan Circuit Court against Cliffs Logan County Coal LLC. Tilley also named James "Jack" Pauley in the lawsuit.

According to the first complaint, Sword's employment with Cliffs Logan was terminated Dec. 30, and he was not paid until Jan. 6, even though the next regular payday was Jan. 3. Sword seeks relief through class allegations for all persons formerly employed by Cliffs Logan in the past five years who were not timely paid after being discharged.

The second complaint states Tilley was employed by Cliffs Logan, but required time off to accommodate his disability as a recovering addict. In 2013, he suffered a workplace injury. Tilley says he was terminated Nov. 6, and claims the reasons given were pretextual and the real reason was his filing for workers' compensation benefits.

Sword accuses Cliffs Logan of violating the West Virginia Wage Payment and Collection Act, and Tilley accuses the company of wrongful discharge, workers' compensation retaliation/discrimination and disability discrimination.

Sword is seeking damages and attorney's fees, and he is being represented in the case by attorneys Todd S. Bailess and Joy B. Mega of Bailess Law Firm in Charleston.

Tilley is seeking back pay, damages, reinstatement or front pay and attorney's fees and is being represented in the case by attorneys Stephen B. Farmer and Matthew H. Nelson of Farmer, Cline & Campbell PLLC in Morgantown.

Both cases have been assigned to Circuit Judge Roger L. Perry.

Logan Circuit Court Case Nos. 14-C-189 and 14-C-193