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Steel worker takes employer to court for back pay

WEST VIRGINIA RECORD

Sunday, November 24, 2024

Steel worker takes employer to court for back pay

Constellium

RIPLEY — A Jackson County worker filed a lawsuit against his employer for alleged breach of a 2011 agreement.

Randall C. Randolph brought litigation against Constellium Rolled Products Ravenswood LLC, formerly known as Alcan Rolled Products-Ravenswood LLC, on March 18 in Jackson Circuit Court, claiming that the defendant did not fulfill its obligation to him in a wrongful termination matter originating in 2011.

Randolph worked for the defendant from March 14, 1994, until April 21, 2011. According to papers filed, his termination was without good cause, so together with his union, United Steel Workers of America, he filed a grievance. Consequently, the defendant agreed on July 16, 2012, that Randolph would be reinstated to his job with back pay following only a two-week suspension.

After the plaintiff returned to work he attempted to collect the back pay owed him as per the reinstatement agreement, but without success. His attorney issued a request for payment on Sept. 20, 2013; Randolph continued to work until Oct. 2, 2014, when he gave notice that he would retire effective Nov. 1, 2014.

The plaintiff worked until Oct. 11 and then took voluntary retirement on the predicted date. According to the filing, the defendant finally issued a partial payment to Randolph on Nov. 17, 2014, in the amount of $24,737.93, stating that it disagreed with the calculated total of $40,172.13.

Alleging breach of contract, Randolph cites loss of income, distress and humiliation. The plaintiff seeks treble damages, pre- and post-judgment interest, attorneys’ fees and costs.

Randolph is represented by Edwin Pancake of Maroney, Williams, Weaver & Pancake in Charleston.

Jackson Circuit Court case number: 15-C-38

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