West Virginia Record

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Former employee sues lab for failure to pay wages

By Kyla Asbury | Dec 15, 2009

CHARLESTON -- A former employee is suing Valley Diagnostic Laboratories for failure to pay wages.

Dimitra Burgess had been employed by Valley Diagnostic Laboratories for several months when, on Aug. 31, she was discharged, according to a complaint filed Nov. 12 in Kanawha Circuit Court.

Burgess claims Valley Diagnostic Laboratories owes her $770.75, based on regular hours worked, overtime hours worked, hourly differential for "on-call" status and reimbursement of employee expenses at the time of termination for the week of Aug. 24 to Aug. 31.

According to the suit Valley Diagnostic Laboratories verbally advised Burgess that they were aware of their obligation to pay wage sums due, but have no intention of paying her wages and benefits as due for labor and expenses provided during her last week of work.

Burgess is suing for past wages in the amount of $770.75 and liquidated damages in the amount of $2,312.25. Paul K. Reese of Warner Law Offices is representing her.

The case has been assigned to Circuit Judge Irene C. Berger.

Kanawha Circuit Court case number: 09-C-2113

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