Former worker files class action against Asplundh

WHEELING — An Ohio County worker filed a class action lawsuit against a landscaping firm for alleged breach of a 2014 agreement.

Michael Bellew brought a complaint against Asplundh Tree Expert Co., headquartered in Pennsylvania and doing business in Kanawha County, claiming breach of contract in a 2011 dispute on March 27 in Ohio Circuit Court.

Bellew was employed by Asplundh until his termination on Nov. 13, 2014. The plaintiff alleges that the defendant failed to pay his wages within the time period mandated by the West Virginia Wage Payment and Collection Act (WPCA).

The complaint states that Bellew did not receive his final wages until on or after Nov. 26, 2014. According to the filing, the plaintiff brings the suit in order to recoup his own wages and also to prevent the company from similar actions toward other employees.

Alleging violation of the WPCA, the plaintiff seeks declarative judgment; injunctive relief; damages up to $75,000; pre- and post-judgment interest; attorneys’ fees; and costs.

Bellew is represented by Todd Bailess and Joy Mega of Bailess Law in Charleston; and Rodney Smith, Jonathan Marshall and Tony L. Clackler II of Bailey and Glasser in Charleston. The case has been assigned to Judge James P. Mazzone.

Ohio County Circuit Court case no. 15-C-94