CHARLESTON – A Kanawha County man is suing a recently closed sporting goods store after he claims it failed to pay his final wages in a timely manner.

SportMart and company president John Smallridge, were named as defendants in the suit.

Earl Osborne was employed by the defendants for 37 years until his employment was terminated on July 31, 2014, according to a complaint filed in Kanawha Circuit Court.

Osborne claims he was owed wages and accrued fringe benefits at the time of his termination and the defendants withheld these wages and benefits.

The defendants refused to pay Osborne all of his accrued wages and benefits within no more than four business days following the date of his termination, despite a demand from the plaintiff to be paid, according to the suit.

Osborne claims Smallridge, in his role controlling the day-to-day operations of Sport Mart, knowingly and deliberately failed and refused to pay the plaintiff wages and accrued benefits he was owed as of the date of his termination and aided and abetted the corporate defendant in withholding such wages and benefits he knew were owed to the plaintiff.

The plaintiff has suffered and continues to suffer damages from the defendants' knowing and deliberate violations of the West Virginia Wage Payment and Collection Act, according to the suit.

Osborne is seeking compensatory and liquidated damages. He is being represented by Mark A. Toor.

SportMart closed last fall after 84 years in business.

Kanawha Circuit Court case number: 15-C-1664

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