Former employee sues Critchfield Utilities for wage payment violations

By Kyla Asbury | Aug 22, 2013

Kanawha County Courthouse

CHARLESTON - A former employee is using Critchfield Utilities LLC for allegedly failing to pay his final wages in a timely manner.

Danny Ferrell was employed by Critchfield from May 12, 2011, until May 23, 2012, according to a complaint filed Aug. 5 in Kanawha Circuit Court.

Ferrell claims he was given a job assignment to go to Beckley to dig drop link lines for Sudden Link and on May 21, 2012, he drove another Critchfield employee's truck and trencher to Beckley with his son, who was also a Critchfield employee.

Upon arriving in Beckley, Ferrell picked up a work order from a Sudden Link employee and also checked with a Critchfield employee regarding the intended work, according to the suit.

Ferrell claims he discovered there were no utility markings and on May 23, 2012, he returned to the job site, but discovered the utility markings were still absent.

After several inquiries with his Critchfield supervisors, Ferrell was informed that the utility markings could not be completed until May 29, 2012, according to the suit.

Ferrell claims he was terminated on the evening of May 23, 2012, because he would not dig the drop link lines without the utility markings.

The defendant did not pay Ferrell his final wages until May 29, 2012, and did not pay Ferrell his one week of accrued vacation pay in his final pay check, according to the suit.

Ferrell is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Timothy P. Rosinsky of Rosinsky Law Office LC.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-1474

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