Kanawha County WV Dec 21 2014 TMK Security guards employed at the Frasure Creek Mine in Oak Hill filed a class-action lawsuit Thursday against the security company in Kanawha County Circuit Court.
Employee attorney Ben Salango, of Preston & Salango, Charleston, said about 40 employees were fired without receiving final paychecks.
Karen Payne and nearly 40 other unnamed employees who worked at the Oak Hill mine owned by Trinity Coal Corp. are hoping to be compensated for time worked under the Wage Payment and Collection Act.
An additional motion was granted Thursday by Judge James C. Stucky to prevent Trinity Coal from making a final payment to TMK Security, owned by Appalachian Enterprise Security Services.
The restraining order indicates Trinity Coal owes $86,747.77 to TMK Security, which may provide sufficient funding to compensate the plaintiffs for wages due.
The lawsuit names Appalachian Enterprise Security Services, doing business as TMK Security, as well as owners George King and Dwayne M. Toler individually.
The suit asserts the company violated the Wage Payment and Collection Act by terminating employees on Nov. 29 and failing to pay them for wages earned within four businesses day as required by West Virginia Code.
In addition, Payne and other employees claim security guards had $3 deducted from every paycheck for uniforms that were never provided.
The plaintiffs are seeking damages, attorney fees and costs, although Payne has signed a stipulation indicating she is not seeking more than $75,000.