CHARLESTON – A Cabell County man says a Putnam County-based construction company owes him unpaid wages and other damages.
In a lawsuit filed Jan. 10 in Kanawha Circuit Court, Johnny L. Chapman of Milton says Roy Roger Dempsey, doing business as Dempsey Construction owes him more than $6,000 in unpaid wages, liquidated damages and penalties.
According to the suit, Chapman worked for Dempsey in 1999 on a variety of projects, including on Dunbar Middle School, a Fruth Pharmacy in Point Pleasant and a Wal-Mart in Spencer.
Chapman, who filed the suit himself, attaches an Aug. 10, 2005, administrative order from West Virginia Division of Labor Commissioner James R. Lewis that concludes Dempsey of Hurricane is liable. The order says Dempsey was alerted of the decision, but at the time the letter was mailed to him, Dempsey had not appealed and had not paid the claim.
The order goes on to say the Division of Labor can't enforce the claim as it is limited to investigating claims of unpaid wages and making a final administrative ruling. An accompanying letter suggests Chapman file a petition as soon as possible in Cabell Circuit Court, but that there is no guarantee of an award from the court.
Chapman seeks to collect unpaid wages of $3,107.20, liquidated damages of $1,170 and a penalty of $1,877.20 for Dempsey's failure to Chapman prevailing wages when applicable. He also seeks court costs and interest.
The case has been assigned to Circuit Judge Jim Stucky.
Kanawha Circuit Court case number: 06-C-42
Cabell man says Putnam construction company owes him unpaid wages
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