NEW CUMBERLAND – Two Hancock County 911 dispatchers say the county has not properly reimbursed them with time off for time worked.
Sierra Dunlevy and Jason Miller filed their complaint March 18 in Hancock Circuit Court against the Hancock County Commission.
According to the complaint, Hancock County 911 dispatchers work 12-hour shifts. The plaintiffs say the county employee policy manual provides one day of sick leave per month for full-time employees, vacation leave based on length of seniority where veteran dispatchers accrue more days per month of vacation, and personal leave of three personal days per calendar year.
Toriseva
On May 16, 2013, the county employee policy manual was amended to eliminate dispatchers the ability to carry over accrued vacation days from year to year. On June 6, 2013, the manual was amended to reduce the amount of sick leave accrued from 1.5 days per month to one day per month.
“Much of the Hancock County Employee Policy Manual provides the accrual of various types of leave to county employees based on ‘days’ as opposed to ‘hours,’” the complaint states. “The defendant has consistently misapplied its own leave policies and has not provided the plaintiffs with the full amount of leave they are entitled to receive under the Hancock County Employee Policy Manual. The defendant only provides the plaintiffs with leave based on an 8-hour day, as opposed to their shift of 12 hours.”
The complaint cites an example that if a 911 dispatcher earns one day of vacation leave per month based on length of service, the county only would give the employee eight hours of accumulated leave. But the county policy manual says the employee would be entitled to 12 hours of leave because the employee works 12 hours per day instead of eight.
“The defendant has failed to compensate the plaintiffs in a manner consistent with its own policy and has reduced their wages as a result,” the complaint states.
The plaintiffs accuse the county of violating the West Virginia Wage Payment and Collection Act, state code and the county employee handbook.
They seek compensatory damages, liquidated damages, statutory interest, attorney fees, court costs and other relief.
The plaintiffs are being represented by Teresa Toriseva and Josh Miller of Toriseva Law in Wheeling. The case has been assigned to Circuit Judge Michael J. Olejasz.
Hancock Circuit Court case number 24-C-25