Wheeling man says employers breached employment contract

By April Bamburg | Aug 19, 2014

MOUNDSVILLE – A Wheeling man says his employer’s actions after signing an employment contract and noncompliance have caused him to have to get a second job to support himself.


MOUNDSVILLE – A Wheeling man says his employer’s actions after signing an employment contract and noncompliance have caused him to have to get a second job to support himself.

Todd Carney filed suit July 16 in Marshall Circuit Court against GMS Mine Repair and Maintenance Inc. and Louis Michael Fleece.

Carney says he entered into an employment contract May 19, 2011, that stated GMS Mine Repair and Fleece would pay for his testing and training to become a foreman, then pay him $40 per hour after he remained with the company for 12 months after training.

Carney relied on the defendants’ statements when he signed the contract that stated he would be employed by the company as a foreman at $35 per hour before training and $40 per hour after one year of work and training. The contract also said Carney would receive a $10,000 bonus after 18 months of employment with the defendants as a foreman. He also signed a non-compete agreement, the suit states.

According to the civil complaint, the defendants did pay the bonus and for a limited time, paid the defendant the agreed-upon rate of $40 per hour, but then dropped his rate of pay to $29 per hour in 2014. When Carney demanded he be paid all wages due and that his rate of pay be raised to $40 per hour, the defendants refused and said he was bound by the non-compete agreement, according to the filing.

Carney says because the company breached the employment contract, the non-compete agreement is not valid, the suit states.

The plaintiff seeks a judgment for all damages allowed by law, in addition to costs, interest, fees and other relief as determined in a jury trial. Carney also seeks a declaratory judgment against the defendants that requires them to pay $40 per hour for all work and that $40 per hour be the base rate for overtime pay and that the non-compete agreement is void.

Carney is represented by attorney Joseph J. John of John and Werner Law Office PLLC of Wheeling. The case has been assigned to Circuit Judge Mark A. Karl.

Marshall Circuit Court Case 14-C-108

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