Suit says REM West Virginia violated state payment and collection act

By Kyla Asbury | Jan 9, 2013

CHARLESTON – A former employee is suing REM West Virginia, LLC, for allegedly violating the West Virginia Wage Payment and Collection Act.

Michelle Carter was employed by the defendant until her resignation on Oct. 1, according to a complaint filed Dec. 28 in Kanawha Circuit Court.

Carter claims on Sept. 17, she provided the defendant with at least one pay period’s notice of her intention to resign. However, the defendant failed to pay her final wages until Oct. 17, she claims.

The defendant had a duty to pay all of Carter’s wages earned by Oct. 1, and breached its duty by failing to do so, according to the suit.

Carter claims the defendant’s actions violate the West Virginia Wage Payment and Collection Act.

REM’s actions caused Carter to suffer damages and entitle her to treble damages, according to the suit.

Carter is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Todd S. Bailess and Joy B. Mega.

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

Kanawha Circuit Court case number: 12-C-2569

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