CHARLES TOWN – Former employees are alleging in a recently filed class action lawsuit that Home Depot doesn’t pay their final wages quickly enough.

Plaintiffs Tyrone Lester and Karen Tanner allege in a lawsuit filed March 20 in Jefferson County Circuit Court that they were not paid their final wages within a 72-hour window, as is required by the West Virginia Wage Payment and Collection Act.

Lester, of Inwood, and Tanner, of Charles Town, are represented by David Hammer of Hammer, Ferretti & Schiavoni in Martinsburg.

“As a matter of practice, Home Depot U.S.A. does not alter its pay date to ensure that employees who cease to be employed are timely paid within the time periods set forth in the WV Wage Payment and Collection Act,” the complaint says.

The complaint says the company pays its employees on a bi-weekly basis. For a pay period ending on a Sunday, employees receive their checks on Friday, it adds.

However, Tanner alleges that after her employment was terminated, her last day at work was Jan. 17. Because it was the third day of a new pay period, she wasn’t paid until Feb. 1, she says.

Lester says his last day was Jan. 18, but he wasn’t paid for 10 days.

The plaintiffs seek class status for all employees terminated within five years of the filing of the lawsuit and noted the company has at least six stores in West Virginia.

In Jefferson County, the Home Depot is located in Ranson.

“This action is maintainable as a class action because questions of law or fact common to the class predominate over any questions affecting only individual members of the class, and because a class action is superior to other methods for fairly and efficiently adjudicating this controversy,” the complaint says.

From the West Virginia Record: Reach John O’Brien at

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