CLARKSBURG – Five employees are suing the Schwan Food Company after they claim it continues to violate the West Virginia Wage Payment and Collection Act.

Schwan's Shared Services LLC; Schwan's Home Service Inc.; and Carlton Spare Jr. were also named as defendants in the suit.

Amy J. Duitch, John K. Shackelford, Thomas E. Fitch Jr., Justin M. Fitch, Richard J. Andress Jr. were employed by the defendants and the defendants were required to pay the plaintiff a daily base pay, daily service metrics, daily tiered commissions and a new customer incentive, according to five complaints filed Oct. 2 in Harrison Circuit Court and removed to federal court on Oct. 29.

The plaintiffs claim Schwans failed to pay their wages and violated the West Virginia Wage Payment and Collections Act.

As a result of the defendants' ongoing and continuing failure to pay the plaintiffs the wages they earned, the defendants have caused the plaintiffs' working conditions to be so intolerable, according to the suits.

The plaintiffs claim the defendants' actions were malicious, wanton, willful and/or reckless conduct.

The defendants have been unjustly enriched at the expense of the plaintiffs, according to the suits.

The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Keith A. Jones of Jones Law Group PLLC.

Schwan is represented by Patricia M. Bello of Lewis Brisbois Bisgaard & Smith LLP.

The cases are assigned to District Judge Irene M. Keeley.

U.S. District Court for the Northern District of West Virginia case number: 1:15-cv-00197, 1:15-cv-00198, 1:15-cv-00199, 1:15-cv-00200, 1:15-cv-00201

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