CHARLESTON – A jury returned a verdict of nearly $300,000 against Cunningham Energy in a wrongful termination lawsuit.

The five-day trial was presided over by Kanawha Circuit Judge James C. Stucky. The jury deliberated for six and one-half hours.

Derrick Shaffer will receive $142,704.46 for back pay $29,000 for embarrassment and humiliation. Joshua Huffman will receive $105,175.61 for back pay and $22,000 for embarrassment and humiliation.

Shaffer was terminated on April 8, 2014, subsequent to his damage of a sign that had hindered his ability to utilize the safety devices in his work area roughly 30 feet off the ground.

Before his termination, Shaffer was informed that his hourly pay structure would be switched to salary pay, making him ineligible for overtime pay, despite working 12 hours per day and seven days per week, which violates West Virginia code.

Huffman’s employment was also terminated on April 8, 2014, subsequent to his assistance and acquiesces of damage of the sign that hindered Shaffer’s ability to utilize the safety devices on his work area.

The defendant also informed him that his hourly pay structure would be switched to salary pay, making him ineligible for overtime pay, despite working 12 hours per day and seven days per week, which violates West Virginia code.

The plaintiffs were represented by Travis A. Griffith of Griffith Law Center. Griffith currently has two other employment matters pending against Cunningham Energy in Kanawha Circuit Court.

Kanawha Circuit Court case number: 14-C-2059

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