CHARLESTON — A man is suing Cozumel Mexican Restaurant claiming he was wrongfully terminated from his employment and the restaurant failed to properly pay his final wages.
Cozumel Mexican Grill was also named as a defendant in the suit.
James Brown was employed by the defendants until his wrongful termination on Feb. 12, according to a complaint filed in Kanawha Circuit Court.
Brown claims he began working for the defendants as a bartender on December 2020 and was never disciplined during his employment for any workplace violations.
The plaintiff was terminated on Feb. 12 and he was supposed to be paid on Feb. 18, but he only received $1,482.68, which did not include the tip money he was also supposed to be paid, according to the suit.
Brown claims the defendant's actions violated the West Virginia Wage Payment and Collection Act. He claims, instead, the defendants wrongfully failed to compensate him for his work from the previous pay period.
The plaintiff is entitled to liquidated damages at two times the amount of unpaid wages due and owing to him, according to the suit.
Brown claims the defendants owe him at minimum $2,965.36, which was wrongfully withheld. He claims the defendant fired him at least in part due to his race because he is black, which is in violation of the West Virginia Human Rights Act.
The defendant acted intentionally, with gross negligence, wantonly and/or with a reckless indifference to Brown's interest, according to the suit.
Brown claims his employment was wrongfully terminated. He claims the defendants discriminated against him and the defendants were liable to him for all damages.
Brown is seeking compensatory and punitive damages. He is represented by Shawn R. Romano and Miles B. Berger of Romano & Associates in Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 22-C-311
