WHEELING — A driver is suing Lowe's Home Center, alleging breach of financial duty.

Carlin Thaxton II, individually and on behalf of all others similarly situated filed a class action complaint Jan. 11 in Ohio Circuit Court against Lowe's Home Center LLC, alleging violation of the West Virginia Wage Payment and Collection Act.

According to the complaint, on Oct. 4, 2016, Thaxton was involuntary terminated from his employment as a driver for Lowe's. As a result, the suit says, he was damaged financially for not receiving all the wages he had earned following his termination. 

The plaintiff alleges Lowe's failed to pay discharged employees all wages due within the time period required by WPCA.

Thaxton seeks trial by jury, judgment for all damages up to $75,000, pre- and post-judgment interest, attorney fees and court costs. He is represented by attorneys Jonathan R. Marshall and Maigreade B. Burrus of Bailey & Glasser LLP in Charleston.

Ohio Circuit Court Case number 17-c-7

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