Fired Cabell County woman files class action against in Lincoln County

By Harmon Marks | Nov 14, 2012

HAMLIN -- A discharged customer service agent is suing, Inc. and NCCS, Inc., for allegedly failing to pay her and other former employees within 72 hours of discharge.

Jennifer L. Bathauer, a Cabell County resident, complains she was fired last June 4, then got all due wages June 22, in violation of the West Virginia Wage Payment and Collection Act.

Attorneys Todd S. Bailess and Joy B. Mega of Charleston signed off on her case Sept. 28, noting the out-of-state defendants conduct business in Lincoln County.

Plaintiff seeks jury trial in Lincoln Circuit Court "pursuant to rule 23 of the West Virginia Rules of Civil Procedure on behalf of the following proposed class: All persons formerly employed by the Defendants in West Virginia from five years prior to the filing of this Complaint through class certification who were discharged and not paid all wages timely."

Bathauer stipulates that individually she seeks a recovery of no more than $75,000, not including litigation costs and interest. The complaint also stipulates awarding "Plaintiff and each member of the class" specified damages and all remedies afforded under the WPCA, court costs, injunctive relief, and such further relief deemed just and equitable.

The case is expected to be ready for trial next September, with Judge Jay M. Hoke presiding.

Lincoln Circuit Court case number: 12-C-111

More News

The Record Network