PRINCETON – A man is suing Captain D’s in a class action lawsuit after he claims it violated the West Virginia Wage Payment and Collection Act.
Isaac Crabtree was employed by Captain D’s until his employment was involuntarily terminated in September, according to a complaint filed Feb. 9 in Mercer Circuit Court.
Crabtree claims he did not receive all wages due for hours he worked Dec. 14, 2014, until Dec. 28, 2014, in which he worked 76.75 hours and was only paid for 3.08 hours.
Following his termination, the defendant had a duty to pay him his wages on or before the next regular payday on which the wages would otherwise be due and payable, according to the suit.
Crabtree claims the defendant breached its duty and did not pay all wages owed until November, which violated the West Virginia Wage Payment and Collection Act.
All persons formerly employed by the defendant in West Virginia at any time five years prior to the filing of this complaint through class certification, who were discharged and not paid all wages within 72 hours if discharged prior to July 12, 2013, or within four business days or the next regular payday, whichever comes first, if discharged after July 12, 2013, but before June 11, or by the next regular payday on which the wages were otherwise due if discharged after June 11, according to the suit.
Crabtree claims the defendant’s WPCA violations entitle him and other class members to treble damages.
Crabtree is seeking compensatory damages. He is being represented by Jonathan R. Marshall and Sandra Henson Kinney of Bailey & Glasser; and Todd S. Bailess and Rodney A. Smith of Bailess Smith PLLC.
Mercer Circuit Court case number: 16-C-36