Former employee files class action suit against Critchfield Utilities

By Kyla Asbury | Nov 28, 2012

CHARLESTON -- A former employee is suing Critchfield Utilities, LLC, individually and on behalf of other former employees for allegedly failing to abide by West Virginia code.

Leslie Klingensmith claims Critchfield has always been obligated to pay its employees working in West Virginia pursuant to the West Virginia Wage Payment and Collection Act, according to a complaint filed Nov. 19 in Kanawha Circuit Court.

Klingensmith claims Critchfield regularly failed to pay discharged employees all wages due within 72 hours of discharge.

Critchfield also regularly assigned the wages of its West Virginia employees without having a valid wage assignment, as recognized by the West Virginia Wage Payment and Collection Act, according to the suit.

Klingensmith claims that during the course of his employment, Critchfield did not present him with a valid wage assignment that complied with the West Virginia Wage Payment and Collection Act, and when his employment was terminated on May 18, he did not receive his final wages until May 25.

The defendant’s alleged actions violated West Virginia code, according to the suit, and caused Klingensmith and others similarly situated damages.

Klingensmith is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Todd S. Bailess, Joy B. Mega, Rodney A. Smith and Jonathan R. Marshall.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 12-C-2311

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