Former employee sues Movie Gallery over final check

By Kyla Asbury | Oct 28, 2009

WAYNE -- Movie Gallery is being sued by a former employee for failing to pay wages within 72 hours of termination.

WAYNE -- Movie Gallery is being sued by a former employee for failing to pay wages within 72 hours of termination.

Sandra Renee Hunley was employed at the Movie Gallery in the Wal-mart Plaza in Wayne from June 2007 until May 13, 2009.

Hunley earned a salary of $910 every two weeks, according to the complaint filed in Wayne Circuit Court on Sept. 3.

Hunley claims at the time of her termination she was due pro-rated wages in the amount of $819 and Movie Gallery failed to pay her within 72 hours of her termination.

For approximately two weeks following her termination, Hunley claims she made efforts to obtain her last wages by contacting the district manager, payroll headquarters and Loss Prevention Department, but they allegedly still refused to pay her.

Hunley was mailed a check June 5 for her last wages, but has not negotiated this check.

West Virginia's Wage Payment Collection Law states that an employer is to pay a discharged employee's wages in full within 72 hours of that discharge and if the employer fails to do so, the employee is entitled to liquidated damages of the amount of wages owed, plus three times said amount, according the suit.

Hunley claims she advised Movie Gallery of this law by a faxed letter on June 4 and requested they pay the required statutory amount, but have since failed to pay liquidated damages.

Hunley is suing for compensatory and statutory damages in an amount in excess of the minimum jurisdiction of the court, punitive damages on the grounds that Movie Gallery's conduct was willful, wanton and egregious. She is being represented by Neil R. Bouchillon of Bouchillon Crossan & Colburn L.C.

Wayne Circuit Court case number: 09-C-182

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