WHEELING – A former server of a Wheeling restaurant alleges that she was never paid a minimum wage.
Abigail Martinez filed a complaint in Ohio Circuit Court against E & E Restaurant LLC, doing business as La Gran Hacienda Mexican Restaurant, alleging that the employer violated the West Virginia Minimum Wage Laws and the West Virginia Wage Payment and Collection Act.
According to the complaint, the plaintiff was hired by the defendant as a server in 2017 and was also required to wash dishes and cook. She alleges that during her employment with defendant, she was never paid the minimum wage.
The suit states she was terminated May 5 after she complained about the defendant's requirement that she give $40 of her tips to the owner's wife and son.
The plaintiff holds E & E Restaurant LLC responsible because the defendant allegedly took tip credits in excess of 70 percent of the minimum wage, required her to give 10 to 20 percent of her tips to other employees and failed to timely pay all wages following her termination.
The plaintiff seeks damages for unpaid wages, lost wages, liquidated damages, attorney's fees and costs. She is represented by Frank X. Duff and Sandra K. Law of Schrader Companion Duff & Law PLLC in Wheeling.
The case has been assigned to Circuit Judge James P. Mazzone.
Ohio Circuit Court case number 18-C-138