Former employee says Wal-Mart failed to timely pay final wages

CHARLESTON - A former employee is suing Wal-Mart Stores for failing to timely pay her final wages.

Wal-Mart Stores Inc. is doing business as Wal-Mart Discount Stores, Wal-mart Supercenters and Sam's Club Stores

Shelby Johnson was employed by the defendants, according to a complaint filed May 16 in Kanawha Circuit Court.

Johnson claims her employment was terminated on April 30, 2012, but the defendants did not pay her final wages until May 4, 2012.

The defendant violated the West Virginia Wage Payment and Collection Act by failing to timely pay Johnson's final wages, according to the suit.

Johnson claims she seeks relief pursuant to Rule 23 of the West Virginia Rules of Civil Procedure on behalf of all persons formerly employed by the defendant in West Virginia five years prior to the filing of the complaint through class certification who were discharged and not paid all wages timely.

The plaintiff stipulates that, with respect to her individual claim, she seeks a recovery of no more than $75,000 and she agrees to be bound by the stipulation, according to the suit.

Johnson is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Todd S. Bailess and Joy B. Mega of Bailess Law PLLC and Rodney A. Smith and Jonathan R. Marshall of Bailey & Glasser LLP.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-961