CHARLESTON – A driver alleges his former trucking company employer requires drivers to violate federal regulations by driving more hours that permitted under law.

Timothy Burdette filed a complaint July 6 in Kanawha Circuit Court against Coshocton Trucking Inc. alleging that the logistics company violated the West Virginia Wage Payment and Collection Act.

According to the complaint, the plaintiff was employed by the defendant as a driver until he was constructively discharged on July 24, 2015. The suit states he was directed to haul a load from North Carolina through West Virginia to Ohio, which he claims would have violated Federal Motor Carrier Safety Administration regulations for drive time. He alleges he refused to drive the truck and exceed the permitted hours.

The plaintiff holds Coshocton Trucking Inc. responsible because the defendant allegedly constructively terminated his employment in retaliation for refusing to drive a truck in excess of the driving hours permitted by the Federal Motor Carrier Safety Administration regulations and failed to pay his final wages.

The plaintiff requests a trial by jury and seeks all damages, plus interest, attorney's fees, costs and any further relief as the court deems just and equitable. He is represented by Rodney A. Smith and Todd S. Bailess of Bailess Smith PLLC in Charleston. The case has been assigned to Circuit Judge Tod Kaufman.

Kanawha Circuit Court Case number 17-977

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