Woman sues Encore Management for wage payment violations

CHARLESTON - A woman is suing Encore Management Company Inc. after she claims it violated the West Virginia Wage Payment & Collection Act and breached its contract with her.

Douglas E. Pauley was also named as a defendant in the suit.

Jennie W. Curry was terminated from her employment with Encore by Pauley in December 2012 via a letter dated Dec. 17, 2012 with a termination date to be effective as of Jan. 1, according to a complaint filed Nov. 13 in Kanawha Circuit Court.

Curry claims Pauley then "delayed" her termination so that her employment could continue, however, because of offensive, discriminatory and retaliatory conduct by the defendants toward her, she was forced to resign effective Feb. 8 and Curry's last day of employment was Feb. 8 and she never worked again for them.

Curry was never paid two important items of compensation she earned during employment for Encore management, according to the suit.

Curry claims she should have been paid no later than the next regularly scheduled pay day after her departure on Feb. 8 the accumulated annual pay toward her retirement of $36,116.62 and vacation pay of $6,110.72.

The defendants failed to pay Curry the unpaid compensation by the next regularly scheduled pay day and have still failed to pay those amounts.

Curry claimed the defendants violated the West Virginia Wage Payment & Collection Act.

The defendants also breached their contract with Curry by failing to pay Curry the accumulated annual pay toward retirement and vacation pay, according to the suit.

Curry is seeking compensatory damages with pre-judgment interest. She is being represented by Drew M. Capuder of Capuder Fantasia PLLC.

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

Kanawha Circuit Court case number: 13-C-2120