WEST VIRGINIA RECORD

CHARLESTON – A former employee has sued the West Virginia Attorney General's office claiming he wasn't paid his final wages in a timely manner.

Robert Derek Walker filed his lawsuit in Kanawha Circuit Court against Attorney General Patrick Morrisey and the State of West Virginia.

In his complaint, Walker says he was employed in the AG's Consumer Protection & Anti-Trust Division starting in 2003. He was terminated on Jan. 25, 2013, shortly after Morrisey took office after defeating former AG Darrell McGraw in the 2012 general election.

At the time of his termination, Walker says he signed a statement requesting that his accrued leave not be paid to him and that he would agree to accept his final check on Jan. 30, 2013.

In the complaint, Walker says he did not receive his final paycheck on Jan. 30, 2013. Instead, he says he was paid by two checks dated Jan. 31, 2013, and Feb. 14, 2014.

He also says he subsequently received a noticed that he had unclaimed funds in the amount of $2,115.61, which he claimed.

Walker claims Morrisey's office failed to meet the stipulation of the West Virginia Wage Payment and Collection Act that specifies a fired employee should be paid final wages within 72 hours of termination.

Because of that, he claims he is entitled to an award of the wages and benefits due plus interest as well as "liquidated damages in an amount which was unpaid when due for three times that unpaid amount as liquidated damages" according to state code.

He also seeks attorney fees, court costs and other relief.

Walker is being represented by G. Patrick Jacobs of The Law Office of G. Patrick Jacobs in Charleston as well as Charleston attorneys J. Michael Ranson and Cynthia M. Ranson of Ranson Law Offices.

The case has been assigned to Circuit Judge Charles King.

Kanawha Circuit Court case number: 14-C-1569