Men blame coal company for wage violations

By Kyla Asbury | Apr 2, 2015

BECKLEY – Three former employees are suing Pocahontas Coal Company in three separate lawsuits for wage payment violations.

United Coal Company, which is doing business as Metinvest, was also named as a defendant in the suits.

Larry Burgess, Robert Hudson and Kenneth Mullins were employed by the defendants and as part of the terms of employment, the plaintiffs were to be paid a "Loyalty Reward Plan," according to three complaints filed March 4 and March 5 in Raleigh Circuit Court.

The plaintiffs claim the defendants were responsible for administering the loyalty reward plan and at the time that their employments ended with the defendants, they were due monies under the program.

To date, the defendants have not paid the loyalty reward plan to the plaintiffs, according to the suits.

The plaintiffs claim the plan owed to them constitutes wages due and/or fringe benefits under the West Virginia Wage Payment and Collection Act.

The defendants actions constitute a violation of the WVWPCA and they have breached the terms of the employment contract by refusing to pay the plan's bonus, according to the suits

The plaintiffs claim as a result of the defendants' actions, they have been denied the benefit of monies owed to them and earned and incurred fees and costs, have been annoyed and aggravated and have otherwise been harmed.

The plaintiffs are seeking compensatory damages. They are being represented by Greg A. Hewitt of Hewitt & Salvatore and J.C. Powell of Powell & Majestro.

Raleigh Circuit Court case number: 15-C-158, 15-C-159, 15-C-167

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