Emerald Coal Resources says former employee owes more than $10,000

MORGANTOWN – Emerald Coal Resources, LP is suing a former employee it claims owes more than $10,000 for breaching multiple agreements.

On July 13, 2009, David E. Marcum was hired by Emerald as a CM production supervisor, according to a complaint filed Nov. 16 in Monongalia Circuit Court.

Emerald claims prior to hiring Marcum, he signed a payback relocation agreement on July 2, 2009, wherein Emerald agreed to pay Marcum's relocation expenses, but Marcum would have to return 50 percent of the expenses he was reimbursed in the event that he voluntarily left his employment within 18 months.

In July 2010, Emerald became aware that Marcum's workers' compensation benefits were not bring deducted from his bi-weekly paychecks and that he was receiving short-term disability benefits at the same time, according to the suit, which resulted in Marcum being overpaid $13,853.71.

Emerald claims on July 26, 2010, Marcum entered into a reimbursement agreement in which he agreed to forfeit remaining vacation days and pay back the money he owed.

In October 2010, Marcum stopped showing up to work, according to the suit, and Emerald discovered on Oct. 26, 2010, that Marcum had begun employment elsewhere.

Emerald claims since Marcum voluntarily left his employment he is required to pay back 50 percent of the relocation expenses, as well as what he owed pursuant to the reimbursement agreement and the wages he was paid for Oct. 25, 2010, through Oct. 29, 2010.

Marcum owed Emerald $1,779.77 for wages from Oct. 25, 2010, through Oct. 29, 2010; $9,679.42 for the remainder of what was owed pursuant to the reimbursement agreement; and relocation benefits in the amount of $8,862.53, which is a total of $20,321.66, according to the suit.

Emerald claims Marcum subsequently made two payments of $250, which reduced his total to $19,821.66, and on Jan. 14, 2011, James Blanc, the manager of Human Resources at Emerald, offered to refrain from filing a lawsuit and would credit Marcum $1,779.71 if he would make monthly payments of $500 to pay off the remaining balance, of which Marcum agreed to do.

Marcum made sporadic payments, but has not made a payment since April, according to the suit, and still owes a balance of $13,621.65.

Emerald is seeking compensatory damages. It is being represented by Avrum Levicoff, Robert C. Bechtell Jr. and Julie A. Brennan.

Monongalia Circuit Court case number: 12-C-794