HUNTINGTON – A former billing clerk for a Kanawha County business who was fired alleges the company owes her more than $4,000 for her remaining days of vacation and other days worked.
Terri Smith filed a complaint in Kanawha Circuit Court against Elder Aide Services LLC, doing business as Right At Home Inc., alleging violation of West Virginia's Wage Payment & Collection Act.
Smith was terminated by Right At Home on Aug. 16 and she alleges she worked three days during that pay period before being terminated, according to the suit. She also alleges she is owed for 12 days of vacation/paid time off. Smith alleges she is owed wages for a total of 15 days and was entitled to be paid $2,100 by Aug. 30. She alleges per West Virginia law, she "is now entitled to two times the unpaid amount due or $4,200."
Smith seeks the $4,200 in monetary relief, a trial by jury, litigation costs and other just relief. She is represented by James D. McQueen Jr. of McQueen Davis in Huntington and Christopher J. Heavens of Charleston.
The case has been assigned to Circuit Judge Charles King.
Kanawha Circuit Court case number 19-C-887