CHARLESTON — A Putnam County man is suing Russell's Sales & Services alleging the business failed to pay him once his employment was terminated by providing him with a bad check.
Titus Russell was also named as a defendant in the suit. Russell owns and operates Russell's Sales & Services.
Jeremy Austin Eagan was employed by Russell's in 2022 until Oct. 11, 2022, when his employment was terminated, according to a complaint filed in Kanawha Circuit Court.
Eagan claims on Oct. 20, 2022, Russell executed a check on the account of Russell's Sales & Services in the sum of $1,000 made payable to the plaintiff for his last period of employment, however, the check was returned for insufficient funds.
As an employee of the defendnats, they were required to pay Eagan all sums due and owing to him no later than the next normal pay period after being terminated, according to the suit.
"Defendant failed to do so, and as a result thereof, are obligated to pay Plaintiff all sums due under West Virginia Code..." the complaint states. "The Defendant owes the Plaintiff the sums of $1,000.00 for wages, $2,000.00 for liquidated damages, interest in the sum of $46.67, and attorney's fees which continue to accumulate."
Eagan claims Russell initially wrote a bad check, for which he is liable to the plaintiff in the sum of all damages set forth in the complaint.
The plaintiff wants unpaid wages, liquidated damages, interest, attorney's fees and any other incidental damages determined in discovery.
Eagan wants a jury trial, as well as to be awarded any other relief that the court deems just during said trial. He alleges he is owed, so far, a total of $3,046.67 plus the attorney's fees that are still accumulating because of the lawsuit being filed.
Eagan is seeking compensatory damages. He is represented by Michael J. Del Giudice of Ciccarello, Del Giudice & LaFon in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-C-586