CHARLESTON – A Kanawha County man is accusing a Hurricane-based business of wrongful termination, not paying his entire commission and for not notifying him of COBRA benefits.
Jason Littlejohn filed his complaint in federal court March 25 against Alpha Technologies Inc.
According to the complaint, Littlejohn began working for Alpha at the end of 2023. He says during his employment, Alpha had a “pattern and practice” of failing to pay him his earned commissions.
He says he repeatedly notified the company of this failure. In response, he says Alpha placed him on a performance improvement program, or PIP.
Within a short period after the last time Littlejohn notified Alpha of its failure to pay his commissions in a timely manner, he says he was fired.
As of his firing on December 4, 2024, Littlejohn says Alpha owed him at least $8,000 in commissions.
On December 9, he says Alpha emailed him to say his termination prevented payment of his owed commissions. The email also said Alpha’s benefits administrator would provide him with benefits information in the coming weeks.
Since his firing, Littlejohn says Alpha or its agents have not provided him with any COBRA notice as required by law. The Consolidated Omnibus Reconciliation Act required an employer or its agents to notify a fired employee a description of continuation coverage provided and its duration.
He says he has been without adequate knowledge of the opportunity to pursue healthcare or other applicable benefits under COBRA. He says this has caused him damages, and he says Alpha’s failure supports statutory penalties of $110 per day for each beneficiary of the health plan from when notice was required until actual delivery.
In addition to violating COBRA, Littlejohn says Alpha violated the West Virginia Wage Payment Act and is guilty of wrongful termination in violation of public policies. He also says he has suffered annoyance, inconvenience, embarrassment, humiliation and distress.
Littlejohn seeks compensatory damages, back wages no less than $8,000 plus interest, liquidated damages, general damages, compensatory damages, punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
He is being represented by Hoyt Glazer of Glazer Saad Anderson in Huntington. The case has been assigned to District Judge Joseph Goodwin.
U.S. District Court for the Southern District of West Virginia case number 2:25-cv-00194