CHARLESTON -- A St. Albans man is suing Buffalo Wild Wings after he claims it violated the West Virginia Wage Payment and Collection Act.

Grube, Inc. is doing business as Buffalo Wild Wings.

Steve Grube was also named as a defendant in the suit.

Travis Summers was employed by the defendants as the director of operations, according to a complaint filed Aug. 24 in Kanawha Circuit Court.

Summers claims on June 11, Grube called him into a meeting and advised him that the employer/employee relationship was not working out between them.

During the meeting, Summers asked whether he would receive his unused vacation when his employment ended and was advised that he would not receive the unused vacation, but if he would agree to resign his employment, he would receive two week's pay, according to the suit.

Summers claims he agreed to resign and Grube advised him that he would receive his final paycheck on June 24, which would include the additional two week's pay.

After the meeting and based on his conversation with Grube, Summers tendered his resignation effective June 24, according to the suit, but later in the day, he received an e-mail from the defendants reiterating that they would not be paying him for unused vacation, but would be paying him through June 24 and asked him to resubmit his resignation letter with the effective date of June 11 instead of June 24, which Summers complied to and forwarded the revised resignation letter.

Summers claims the defendants failed and refused to pay him accrued vacation or his salary through June 24.

The defendants' actions violate the West Virginia Wage Payment and Collection Act, according to the suit.

Summers claims the defendants' conduct rises to a level of wanton, willful or reckless conduct or criminal indifference to civil obligations affecting the rights of the plaintiff.

The acts taken toward Summers were carried out by managerial employees in a deliberate, cold, callous, malicious, oppressive and intentional manner in order to injure and damage Summers, according to the suit.

Summers is seeking compensatory and punitive damages with pre-judgment interest. He is being represented by Richard W. Walters.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 12-C-1715

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