Former employee says Caterpillar violated wage payment act

By Kyla Asbury | Jul 26, 2013

CHARLESTON - A man is using his former employer for failing to timely pay his final wages after terminating his employment.

Caterpillar Inc. and Caterpillar Global Mining Highwall Miners LLC were named as defendants in the suit.

Darrell R. Coy was employed by the defendants until Oct. 25, according to a complaint filed June 28 in Kanawha Circuit Court.

Coy claims the defendants failed to pay his final wages within 72 hours of discharge.

When the defendants terminated Coy's employment they also informed him his application for short-term disability/FMLA had been denied, according to the suit.

Coy claims the defendants did not pay his final wages until Nov. 8.

The defendants' actions were in violation of the West Virginia Wage Payment and Collection Act, according to the suit.

Coy is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Todd S. Bailess and Joy B. Mega of Bailess Law.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 13-C-1212

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