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Wednesday, April 24, 2024

Woman says job loss related to workers' comp claim

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CHARLESTON – A woman alleges she was not adequately compensated for her work as a kitchen manager at Lone Star Steakhouse and Saloon.

Bobbi Jo Fockler filed a lawsuit Aug. 25 in Kanawha Circuit Court against the restaurant.

In her complaint, Fockler alleges she was supposed to receive a bonus for her position as a kitchen manager. However, she did not receive it for several months, according to the complaint.

In addition, the restaurant did not pay her wages for work she performed on at least a bimonthly basis, the suit states.

Because she was not receiving bonuses she alleges she was owed, Fockler questioned the company's payment practices, according to the complaint.

After falling from a broken ladder May 10, Fockler sought temporary total disability benefits, the suit states.

In retaliation for her inquiries into pay and for her workers' compensation request, the restaurant fired her, the suit states.

In her complaint, Fockler seeks liquidated and punitive damages, plus pre- and post-judgment interest, costs, attorney fees and other relief the court deems just.

Lia DiTrapano Fairless of DiTrapano Law Firm in Charleston, and L. Tom Price of Price Law Firm in Charleston will represent her.

Circuit Judge Duke Bloom has been assigned to the case.

Kanawha Circuit Court case number 14-C-1537

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