Man says Matheny Motor Truck retaliated against him

By Kyla Asbury | Dec 5, 2012

WINFIELD – A former employee is suing Matheny Motor Truck Co. after he claims he was wrongfully terminated in retaliation for reporting fraudulent conduct.

WINFIELD – A former employee is suing Matheny Motor Truck Co. after he claims he was wrongfully terminated in retaliation for reporting fraudulent conduct.

Matt Scanlon, an employee of Matheny, was also named as a defendant in the suit.

In October 2011, Robert G. Thomas began working for Matheny, according to a complaint filed Nov. 29 in Putnam Circuit Court.

Thomas claims the defendants engaged in an illegal business practice of adding “pacs” to each retail sale and as a result of adding "pacs" to each sale, the company fraudulently reduced the gross profit for each sale by at least $500.

The reduction in gross profit fraudulently reduced the overall commission paid to Thomas on every sale, according to the suit. At all times prior to May 10, the defendants’ employees were paid either their commission total or an hourly minimum wage, whichever was higher, but on May 10, Thomas and other co-workers noticed a shortage/discrepancy in their paychecks and questioned Scanlon about the shortage/discrepancy.

Thomas claims Matheny essentially “fraudulently reimbursed itself for wages paid to Plaintiff in March from Plaintiff’s earned commission.”

On May 10, Thomas notified the defendants that he planned to contact the Labor Board regarding the payment issue and later that day, left work with Scanlon’s permission to retrieve his glasses from his home, according to the suit, and while he was home contacted the Labor Board regarding the improper paychecks.

Thomas claims while he was still at home, his blood sugar level became elevated and he notified Scanlon that he was not feeling well and would not return to work that day.

Scanlon screamed at Thomas and terminated his employment, according to the suit.

Thomas claims he has still not received his final paycheck for commissions earned in May, nor has he received the amount illegally deducted from each sale as a result of the "pacs" added to each sale.

The defendants’ actions were fraudulent and caused Thomas damages, according to the suit, and also violated the West Virginia Wage Payment and Collection Act.

Thomas claims the defendants terminated his employment in retaliation for contacting the Labor Board regarding issues with his paychecks.

Thomas is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Matthew S. Criswell, Mark L. French and Steven M. Condaras.

Putnam Circuit Court case number: 12-C-385

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