CHARLESTON - A Kanawha County man is suing Mountain Auto Supply & Service Center Inc. after he claims it failed to timely pay his final wages.

Jeremy Elkins was employed by the defendant until July 11, according to a complaint filed Aug. 29 in Kanawha Circuit Court.

Elkins claims he notified the defendant he was quitting and that Mountain Auto owed him $728 in back wages and benefits.

Mountain Auto told Elkins that he owed the defendant money for a damaged vehicle and for money collected in the office that was missing and when Elkins paid for the vehicle and missing money, he would be paid his due wages, according to the suit.

Elkins claims the defendant violated the West Virginia Wage Payment and Collection Act and caused him damages.

Failure to pay Elkins' wages entitles him to liquidated damages at three times the amount of the unpaid wages, which totals $2,184, according to the suit.

Elkins is seeking compensatory and liquidated damages. He is being represented by Fred F. Holroyd of Holroyd & Yost.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 13-C-1642

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