Randolph Co. woman sues Wal-mart for unlawful retaliation

By Kyla Asbury | Dec 12, 2011

CHARLESTON -- A Randolph County woman is suing Wal-mart after she claims the district manager refused to pay her contrary to her agreement with the store.

Frank Tomblin, the district manager, was also named as a defendant in the suit.

On Jan. 29, 2007, Candice Pudder was hired by Wal-mart to work as a pharmacist in its Elkins store, according to a complaint filed Nov. 4 in Kanawha Circuit Court.

Pudder claims she was promoted to pharmacist-in-charge and pharmacy manager on Feb. 1, 2010.

Prior to beginning work as pharmacist-in-charge and pharmacy manager, Wal-mart agreed that Pudder would be allotted six hours per week to handle administrative work required of the position of pharmacist-in-charge and pharmacy manager; and that Pudder would be paid additional compensation above her pharmacist salary for all work beyond 40 hours total per week, according to the suit.

Pudder claims when Tomblin became her supervisor, he refused to pay her for work beyond 40 hours per week, contrary to the agreement with Wal-mart.

Tomblin also refused to provide additional pharmacist staffing to afford Pudder time needed to perform administrative duties required of the pharmacy manager, according to the suit.

Pudder claims Wal-mart management representatives failed to and refused to take appropriate remedial action.

As a result of Pudder expressing her concerns about pharmacy staffing issues and insisting that the defendants comply with West Virginia laws addressing pharmacy staffing issues, the defendants retaliated against her and created working conditions so intolerable that Pudder was compelled to resign her employment, according to the suit.

Pudder is seeking compensatory and punitive damages. She is being represented by Benjamin B. Ware.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 11-C-1970

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