CHARLESTON -- A Kanawha County woman is suing O.V. Smith & Sons after she claims it failed to pay her final wages within 72 hours of her discharge of employment.

Clare Wegmann was employed by the defendant until Dec. 30, 2010, according to a complaint filed Feb. 18 in Kanawha Circuit Court.

Wegmann claims during the course of her employment, she became eligible for overtime, but the defendant refused to compensate her for work performed over 40 hours.

The defendant also failed to pay Wegmann her employment wages owed in full by her next regular payday and her final wages within 72 hours of her discharge, according to the suit.

Wegmann is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Todd S. Bailess.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 11-C-271

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