Woman says WVDHHR failed to pay final wages on time

By Kyla Asbury | Jan 18, 2013

CHARLESTON – A former employee is suing the West Virginia Department of Health and Human Resources after she claims it failed to pay her final wages in a timely manner.

Misty Rollins was employed by the defendant until she resigned on July 10, according to a complaint filed Jan. 7 in Kanawha Circuit Court.

Rollins claims on June 26, she provided the defendant with at least one pay period’s notice of her intention to resign.

The defendant had a duty under the West Virginia Wage Payment and Collection Act to pay Rollins at least one time every 14 days during the course of her employment and to pay her all of her employment wages earned by her effective resignation date of July 10, according to the suit.

Rollins claims the defendant breached its duty by failing to pay her final wages by her effective resignation date.

The defendant’s failure to pay Rollins her final wages in full at the time of her resignation violated West Virginia Code and entitles her to treble damages, according to the suit.

Rollins 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 Paul Zakaib Jr.

Kanawha Circuit Court case number: 13-C-21

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