West Virginia Record

Tuesday, July 23, 2019

Man accuses company of wage payment violations

By Kyla Asbury | May 22, 2015

CLARKSBURG – A man is suing Lightning Energy Services LLC for failing to pay his wages in full in a timely manner after terminating his employment.

Lightning Trucking Services LLC and Tracy S. Turner were also named as defendants in the suit.

On Nov. 21, 2011, Aaron Shane Horne was hired to act as the chief operating officer of Lightning Energy Services and was also placed in operational control of Lightning Trucking Services, according to a complaint filed April 14 in Harrison Circuit Court and removed to federal court May 15.

Horne claims on Jan. 14, 2013, he was terminated from his employment and, at the time of his termination, he was due and owing compensation in the form of compensation earned during 2012 in the amount of $36,000.

Turner, a manager/director and/or principal of the defendants, had a responsibility to comply with West Virginia law regarding the payment of wages and compensation upon the termination of an employee, according to the suit.

Horne claims the defendants had an obligation to pay him within 72 hours of termination and failed to do so.

"Despite a determination by the West Virginia Unemployment Compensation Commission that the plaintiff was terminated without good cause and not for any misconduct, the limited liability company defendants at the direction and/or control of the defendant ... Turner, have continued to seek judicial review of that determination," the complaint states.

The motivation for continuing to seek judicial review of the decision of the WVUCC with respect to the plaintiff is solely for the purpose to harass, annoy and inconvenience Horne, according to the suit.

Horne claims the decision of the defendants is being done with a malicious purpose and is an abuse of the legal process.

Turner reported to law enforcement authorities in Harrison County that the plaintiff engaged in unlawful conduct, including embezzlement of assets and/or property if the limited liability companies, according to the suit.

Horne claims the representations are untrue and were made by the defendants with a malicious purpose only to injure and harm the plaintiff.

Horne is seeking compensatory, liquidated and punitive damages with pre- and post-judgment interest. He is being represented by Gregory H. Schillace of Schillace Law Office.

The defendants are being represented by Larry J. Rector and Julie A. Moore of Steptoe & Johnson PLLC.

The case is assigned to District Judge Irene Keeley.

U.S. District Court for the Northern District of West Virginia case number: 1:15-cv-00084

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