Woman sues Wendy's for wage payment violations

By Kyla Asbury | Jul 25, 2013

CHARLESTON - A former employee is suing Wendy's International Inc. for violating the West Virginia Wage Payment and Collection Act.

Jackie L. Clay was employed by Wendy's until April 30, according to a complaint filed June 24 in Kanawha Circuit Court.

Clay claims Wendy's failed to pay her final wages within 72 hours of discharge and did not pay her final wages until May 10.

The defendant allegedly failed to pay other former employees their final wages in a timely manner as well, and the complaint states that the putative class includes "All persons formerly employed by the defendant at any time in the five years prior to filing of this complaint through class certification in West Virginia who were discharged and not paid all wages within 72 hours of their discharge," according to the suit.

Clay claims the defendant violated the West Virginia Wage Payment and Collection Act.

Clay is seeking compensatory damage 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 Charles E. King.

Kanawha Circuit Court case number: 13-C-1184

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