WEST VIRGINIA RECORD

CHARLESTON -- A former employee is suing Massey Coal Services after he claims it failed to pay his final wages within 72 hours.

Elk Run Coal Company, Inc., which is doing business as Republic Energy, was also named as a defendant in the suit.

Ernest R. Johnson was employed by the defendants from Feb. 24, 2006, until Dec. 17, 2009, according to a complaint filed May 16 in Kanawha Circuit Court.

Johnson claims he did not receive his final wages until Dec. 23, 2009.

The defendant re-hired Johnson in March 2010 and he worked there until Aug. 17, 2010, according to the suit.

Johnson claims the second time he was employed by the defendants, they failed to pay him his final wages until Aug. 24, 2010.

The defendants violated the West Virginia Wage Payment and Collection Act, according to the suit.

Johnson is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Todd S. Bailess and Joy B. Mega.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 11-C-791