Fired man not entitled to vacation time, company says

HUNTINGTON – Interstate Brands Corporation denies it should be required to pay a fired Huntington man three weeks of vacation time.

Carllon Spangler claims he was employed by Interstate from April 25, 1988, until he was terminated May 7 "after over twenty years of service to the Defendant as a model employee," according to the complaint he filed Jan. 8 in Cabell Circuit Court.

At the time of his termination, Spangler claims he was due three weeks vacation time benefits within 72 hours of his termination.

However, Interstate has failed to provide the benefits, according to the complaint.

Because he has been denied his benefits, Spangler claims he has suffered extreme aggravation, emotional distress, mental anguish, embarrassment, economic loss, inconvenience, attorney fees, costs and expenses.

However, Interstate denies Spangler's allegations and requested the federal court dismiss the suit.

"Plaintiff has no right to equitable relief as he has unclean hands," the company's answer states.

Spangler is seeking the court award him three times the unpaid amount of his past due vacation time as liquidated damages, plus damages for aggravation, emotional distress, mental anguish, embarrassment, economic loss and inconvenience.

He is also seeking costs, attorneys' fees and pre- and post-judgment interest.

Interstate removed the case to federal court because Spangler is a West Virginia citizen and Interstate's principal place of business is Missouri. Therefore, the company claims a diversity of citizenship exists.

It also claims that because Spangler is seeking more than $75,000, the case should be removed to federal court.

In addition to its request that the court dismiss the case, Interstate is seeking its costs, attorneys' fees and other remedies to which it is entitled.

Kenneth P. Hicks and J. Ryan Stewart of Kenneth P. Hicks in Huntington will be representing Spangler.

Mark A. Carter and Allison W Bungrad of Dinsmore and Shohl in Charleston will be representing Interstate.

U.S. District Court case number: 3:09-0151