Former employees sue Medford Trucking for wage violations

CHARLESTON -- Four former employees are suing Medford Trucking after they claim it violated the West Virginia Wage Payment and Collection Act.

Kevin Medford and Roger Medford were also named as defendants in the suit.

Jerry White, Ed Ray, Jay Estep and John Carnes were all hired by the defendants to drive various trucks for the purpose of hauling coal, according to four complaints filed March 7 in Kanawha Circuit Court.

The men claim the defendants agreed to pay them 23 percent of a truck's gross per ton of each haul for the first 90 days of their employments and then pay them 25 percent of a truck's gross per ton of each haul after the 90-day period.

The defendants did not produce notice to the men of the rate of pay or notice of the gross per ton of each haul, and did not notify the men of any changes in the amount the defendants were being compensated for each ton per haul, according to the suits.

The men claim the defendants failed to pay them their wages due in full as required by the West Virginia Wage Payment and Collection Act.

The men are seeking judgment for wages due and liquidated damages with pre- and post-judgment interest. They are being represented by Lia DiTrapano Fairless and L. Tom Price.

Estep's case has been assigned to Circuit Judge James C. Stucky. Carnes' case has been assigned to Circuit Judge Louis H. Bloom. Ray's case has been assigned to Circuit Judge Paul Zakaib Jr. White's case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case numbers: 11-C-379, 11-C-380, 11-C-381 and 11-C-382