WHEELING - A man is suing GMS Mine Repair and Maintenance in a class action lawsuit alleging wage payment violations.

Jeffery S. Miklos was employed by GMS and claims GMS was obligated to pay its employees working in West Virginia to the requirements of the West Virginia Wage Payment Collection Act, according to a complaint filed in Ohio Circuit Court.

Miklos claims the defendant failed to pay its discharged employees all wages due within the time periods mandated by the West Virginia Wage Payment and Collection Act.

The plaintiff worked for GMS until his employment was involuntarily terminated on Feb. 9, according to the suit.

Miklos claims following his termination, the defendant had a duty to pay him his wages within four business days or by the next regular payday, whichever came first.

The defendant breached its duty and did not pay all owed wages to Miklos until Feb. 20, according to the suit.

Miklos claims consistent with the defendant's pay practices, it failed to pay him all his employment wages due within the time period mandated by the WPCA.

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

Ohio Circuit Court case number: 15-C-176

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