CHARLESTON – A man is suing his former employer after he claims it failed to pay all wages due when he left his employment.

George Jarrett was employed by Arc of the Three Rivers and during his employment, the defendant paid him every two weeks, however, by letter dated Jan. 29, 2010, for employees opting to have direct deposit, the defendant moved the payday from April 9, 2010, to April 16, 2010, for the pay period of March 22, 2010, through April 5, 2010, according to a complaint filed Dec. 18 in Kanawha Circuit Court.

Jarrett claims the letter stated that if the payroll processing time was not changing on April 9, employees would have been paid for the pay period including March 22 through April 4 and that employees would still be paid for the same exact pay period, only the pay day would be moved to April 16.

Since there would be a week delay in paying employees who chose to have their money directly deposited, if they were to leave Arc of the Three Rivers, they would be paid for an additional week of time if they have hours they worked, according to the suit, however, Jarrett was never paid for the omitted week when he left his employment.

Jarrett claims the defendant violated West Virginia code and has caused him to suffer a loss of income.

The defendant’s actions were willful, wanton and malicious, according to the suit.

Jarrett claims when he left his employment the defendant failed to pay all wages due.

Jarrett is seeking compensatory and punitive damages. He is being represented by Samuel F. Hanna.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 12-C-2493

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