Former employee files class action suit against Thomas Memorial Hospital

By Kyla Asbury | Aug 8, 2013

CHARLESTON - A former employee is suing Thomas Memorial Hospital in a class action suit for failing to pay her, and other former employees, final wages in a timely manner.

Herbert J. Thomas Memorial Hospital Association is doing business as Thomas Memorial Hospital.

Brittany N. Pauley was employed by the defendant until May 1, 2012, according to a complaint filed July 19 in Kanawha Circuit Court.

Pauley claims the defendant failed to timely pay her final wages.

The defendant failed to pay Pauley's final wages until May 24, 2012, according to the suit, which was more than 72 hours past her discharge date.

Pauley claims the defendant violated the West Virginia Wage Payment and Collection Act and caused her damages.

All persons formerly employed by the defendant at any time in the five years prior to filing of the complaint through class certification in West Virginia who were discharged and not paid all wages within 72 hours of discharge are the proposed class in the suit, according to the suit.

Pauley 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 and Rodney A. Smith and Jonathan R. Marshall of Bailey & Glasser LLP.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 13-C-1350

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