Employee alleges convenience store operators failed to pay overtime

By Michael Abella | Oct 11, 2016

BECKLEY — A Monroe County woman is suing a Greenbrier County convenience store, alleging failure to pay proper overtime wages. 

BECKLEY —  A Monroe County woman is suing a Greenbrier County convenience store, alleging failure to pay proper overtime wages. 

Amanda Alderson filed a lawsuit in U.S. District Court for the Southern District of West Virginia Beckley Division against Essel Realty Inc., doing business as Riverside Food Mart and Dharmendra Patadiya alleging violation of the Wage Payment and Collection Act.

According to the complaint, Alderson did not receive the promised salary and proper overtime compensation at the rate of one and one-half times their regular rate for all hours worked in excess of 40 per week as required by Fair Labor Standards Act. The suit says Alderson was constructively discharged when the defendant failed to pay her for work performed. 

The plaintiff alleges the defendants breached the oral contract/oral agreement and failed to pay promised wages and overtime compensation.

Alderson seeks trial by jury, all damages including punitive damages, attorney fees, court costs and all other relief the court deems just and proper. She is represented by attorneys Paul M. Stroebel of Stroebel & Johnson PLLC in Charleston and R. Brandon Johnson of Stroebel & Johnson in Lewisburg.

U.S. District Court for the Southern District of West Virginia Beckley Division Case number 5:16-cv-07557 and 5:16-cv-07555

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