BECKLEY — A West Virginia man is suing an Ohio company, alleging breach of duty and violation of workers compensation acts.
Dean P. Minington, individually and on behalf of those similarly situated, filed a class action complaint Nov. 17 in Raleigh Circuit Court against AWP Inc., doing business as Area Wide Protective, and Area Wide Protective Inc. alleging violation of the West Virginia Wage Payment and Collection Act.
According to the complaint, on July 10, 2013, Minington was involuntarily terminated from his employment as a flagger supervisor by Area Wide Protective. The suit says he was monetarily damaged for not receiving all wages due within the time period mandated by WPCA.
The plaintiff alleges the defendants failed to pay its discharged employees all wages due within 72 hours.
The plaintiff requests a trial by jury, judgment up to $75,000 to be determined by the jury, pre- and post-judgment interest, attorney fees and court costs. He is represented by attorneys Todd S. Bailess and Rodney A. Smith of Bailess Smith PLLC in Charleston.
Raleigh Circuit Court Case number 16-c-725