FAIRMONT – West Virginia Attorney General Patrick Morrisey and Service Employees International Union District 1199 have announced that the AG's investigation and union negotiations with Alecto Healthcare Services has led to the company saying it will pay nearly $1 million in paid time off to employees of the now closed Fairmont Regional Medical Center.
Morrisey, in a press release, said the nearly $1 million includes paid-time-off, accrued vacation time and bonus days. Morrisey also said plans to continue working with hospital workers to pursue litigation against Alecto Healthcare Services for 401K contributions the company still allegedly owes union members.
“I am pleased to hear that Alecto has agreed to pay nearly $1 million in paid time off to employees who earned that money through their hard work and loyalty at Fairmont Regional Medical Center,” Morrisey said. “This is an important first step by Alecto, but make no mistake that our office remains committed to taking every step possible to help the workers who were improperly treated.
Morrisey
“These employees did not ask for the sudden closure of Fairmont Regional Medical Center. It was forced upon the employees and the community at large amid a global pandemic. Our office intends to leave no stone unturned. Employees of Fairmont Regional, as well as those at Ohio Valley Medical Center, deserve nothing less."
Joyce Gibson, regional director for SEIU District 1199 that includes West Virginia, Ohio and Kentucky, agreed.
“This is a major victory for the workers of Fairmont Regional Medical Center, who continued to provide quality care to this community up until the day Alecto shuttered the doors of hospital,” Gibson said. “By working with Governor (Jim) Justice and Attorney General Morrisey, we are sending a message that if you are going to do business in West Virginia, you have to treat our workers with dignity and respect.”
On Tuesday, Morrisey’s office is asking Marion County and Fairmont city officials to further investigate the recent closing of Fairmont Regional Medical Center.
In an April 7 press release, Morrisey says California-based Alecto failed to provide advance notice of any mass layoff to employees. In addition, the AG’s office says Alecto may have ceased hospital operations prior to the mandatory notice period. If so, that could mean civil penalties of up to $500 per day to local governments.
The AG's office is continuing its investigation into Alecto and the closure.
“Local officials should give immediate consideration to our referral,” Morrisey said in the press release. “The 60-day notice mandated by federal law is an important requirement.
“It is vital for affected employees who must transition and crucial for local governments left to cope with the economic impact. Prompt action against any business that allegedly violates this law helps ensure future compliance.”
Morrisey sent a letter to the Marion County Commission and Fairmont Mayor Brad Merrifield.
The federal Worker Adjustment and Retraining Notification (WARN) Act requires certain employers to provide a 60-day notice to affected employees and the chief elected official of the local government in which the closing will occur.
When local government jurisdictions overlap, the notice must be provided to the locality to which the employer paid the highest taxes during the preceding year. The law provides the relevant locality with jurisdiction to pursue any potential penalty.
Also, in an April 6 letter to former Fairmont Regional employees, Morrisey said he is investigating claims that Alecto failed to pay them for accrued vacation time.
“I am deeply concerned with Alecto's apparent disregard of its moral and statutory obligations and am committed to utilizing the resources of the Office of the Attorney General to pursue any available enforcement avenues,” Morrisey wrote in the letter.
Morrisey also told the former FRMC employees that state law requires employers to pay prior earned wages “on or before the next regular payday on which the wages would otherwise be due and payable.” Employers also must pay any accrued fringe benefits.
He said state code says violations of these mandates could entitle employees to two times the unpaid amount in addition to their earned wages and benefits.
Morrisey also said he and the West Virginia Division of Labor are investigating any Wage Payment and Collection Act violations with FRMC’s closure.
Any Fairmont Regional employee with complaints related to wage payment and fringe benefit issues are asked to submit a request for assistance to the West Virginia Division of Labor. The complaint form can be completed online at https://labor.wv.gov.
