Man says former employer withheld final check

By April Bamburg | Aug 22, 2014

WHEELING -- A man claims his former employer illegally withheld his final paycheck after terminating his employment, just days after he was injured on the job.

Bryan Harlow filed a lawsuit July 25 in Ohio Circuit Court against TK Mining Services.

According to the complaint, Harlow was a contract employee providing shuttle services at Alliance Resource Partner's Tunnel Ridge Mine in Ohio County. The lawsuit says Harlow was hired April 29, 2013, as a shuttle driver and he was injured while on the job June 10, 2013. His employment was terminated June 13, 2013.

At that time, he was owed $1,989 in wages earned at a rate of $25 per hour. On June 14, he was issued a paycheck for the period of June 2 through June 15, 2013, but there was a miscellaneous deduction of $1,456.84, the entire amount of his pay for that period.

On June 24, two weeks after his termination, the defendants issued a check to the plaintiff in the amount of $1,456.84, for a "refund of gear that was just returned on June 24, 2013," - the exact deduction from the plaintiff's paycheck dated June 14. The lawsuit says the defendant violated the West Virginia Wage Payment and Collection Act, which entitles the plaintiff to total unpaid gross wages, and an amount equal to three times those wages.

The plaintiff seeks his total unpaid wages and an amount equal to three times those wages, in addition to costs, attorney fees pre- and post-judgment interest.

Harlow is represented by attorney Nathan D. Brown of Brown Law Office PLLC in Williamson. The case has been assigned to Circuit Judge Martin J. Gaughn.

Ohio Circuit Court case number 14-C-220

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