WEST VIRGINIA RECORD

CHARLESTON - A Jackson County man has filed suit against Alcan Rolled Products and two of its supervisors, alleging he was fired from the company because he showed up to work and truthfully reported his hours to the company.

Larry J. McClung was fired from his job as inspection packer on March 31 because he attended work on March 21, a holiday, according to the original complaint filed Aug. 14 in Wood Circuit Court.

Alcan fired him, saying he had attempted to "gain premium pay" by working on a holiday, the suit states.

McClung claims he thought March 23 was a holiday after he noticed a posting advertising the fact.

But when he reported to work March 21, he noticed no employees around, according to the suit.

Still, McClung claims he clocked in, swept and cleaned since he could not perform any of his usual jobs without his co-workers.

"On Saturday, March 22, 2008, Plaintiff arrived at work and was told ... a corrected notice had been posted changing the holiday of observation for Easter from the previous notation of March 23, 2008, to Good Friday, March 21, 2008," the suit states.

Nobody said anything to McClung about his work on March 21 until March 29, when he was approached by two of his bosses who asked whether he had worked on the holiday, according to the complaint.

McClung claims he said he had worked because he hadn't seen the notice describing the day as a holiday. But he also claims he told them he did not expect to be paid for the day.

One of McClung's supervisors got angry and said he had informed McClung the day was a holiday, but McClung denied the conversation, according to the complaint.

McClung had worked for Alcan for 14 years before his termination, according to a original suit.

He claims he had never received discipline prior to it.

He claims his termination is a violation of the West Virginia Wage Payment and Collection Act and of public policy.

McClung is seeking lost wages, mental and emotional distress, costs and attorney's fees.

He is also seeking unspecified punitive damages.
At the request of Alcan, the case has been moved to federal court.

McClung will be represented by Walt Auvil of Rusen & Auvil in Parkersburg.

Alcan will be represented by Christopher L. Slaughter of Huntington.

U.S. District Court case number: 6:08-1111