Man says Carbide didn't pay him for all of his vacation time

By Cara Bailey | May 24, 2007

CHARLESTON - A Kanawha County man has filed a suit against Union Carbide, claiming he was not paid for all of his vacation hours.

Thomas Pennington filed a suit May 2 in Kanawha Circuit Court against Union Carbide Corporation, a subsidiary of the DOW Chemical Company.

Pennington claims he has not received payment for 176 hours of accrued vacation pay. Pennington was hired at Union Carbide on Oct. 15, 1981. In November 2006, he was advised his employment would be terminated Dec. 31, 2006. The suit says Pennington had accrued 216 vacation hours during 25 years of employment.

He requested to be paid for all 216 hours of vacation, but claims he was only paid for 40, leaving 176 hours unpaid.

According to the suit, Union Carbide is in violation of West Virginia Wage Payment Collection Act Violation because vacation pay is a fringe benefit considered wages.

Pennington claims, according to West Virginia Code, he in entitled to full pay of all wages and benefits within 72 hours of termination.

Therefore, Pennington, through attorney Michael J. Del Giudice, seeks 176 hours of vacation pay, 30 days salary and court costs.

The case has been assigned to Judge Louis Bloom.

Kanawha Circuit Court case number 07-C-862

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