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Case ID: 4987 | Employment | 04/19/2007
According to a recently filed class action, Wal-Mart essentially steals from its employees. In the lawsuit, three former employees at the South Charleston store seek to represent every employee Wal-Mart has cheated in West Virginia since 1989.
Attorneys that filed the complaint claim punitive damages for conscious disregard of employee rights and ask for injunctive relief to reform the "corporate culture." "Wal-Mart attempted to conceal its wrongdoing by causing a retraction to be published, which served to further extend its active and ongoing campaign to fraudulently conceal the nefarious conduct," the suit states. "Such evidence is contained in Wal-Mart's state of the art time keeping system, which requires expert analysis to detect and comprehend," the suit states. "In many instances, the amounts stolen by Wal-Mart from individual class members was small, but in the aggregate, the compensation wrongfully retained by Wal-Mart was substantial ..." The suit is filed on behalf of Pam Brogan, Jane Markins and Francis Gail Patterson, former employees at Wal-Mart in South Charleston. The suit states that Wal-Mart routinely asks employees to complete assignments while not clocked in and that Wal-Mart altered records to make it appear employees took full meal breaks when they worked part of the time. The lawsuit claims Wal-Mart deleted hours over 40 and shaved time through other unlawful means. The suit seeks damages for conversion, unjust enrichment, breach of contract, and breach of good faith and fair dealing. It also claims violations of West Virginia wage laws.
At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Employment Cases of Interest A collective action has been filed in South Carolina against the Orangeburg Consolidated School District Number Four. The action is brought on behalf
of all former and current employees who have worked in excess of 40 hours a week, but who have not been paid overtime by the school district. The action is brought under the federal Fair Labor Standards Act and is seeking back pay as damages.
Federal law calls employers who maintain retirement plans for their employees to act as trustworthy fiduciaries. A class action has been filed against Sears Roebuck & Company on behalf of participants in Sears’ 401(k) plan who allege that the company violated the federal Employee Retirement Income Security Act by failing to disclose nonpublic information about its financial condition. A class action lawsuit has been filed in the Southern District Court of Florida against Milton Specter, Inc. The case involves violations of the Fair Labor Standards Act which establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. A class action lawsuit has been filed in United States District Court against International Coffee and Tea, LLC. The case involves violations of federal labor law. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. A combination class action/collective action has been filed in Ohio against the telemarketing service, Smart Choice Marketing, Inc. The action is brought on behalf of all Ohio residents who are currently, or were employed by Smart Choice from December 1, 2000, to the present as hourly telemarketers and whose working time was tracked and recorded by the use of the computer dialer and who were not paid overtime compensation as a result. The action alleges that Smart Choice engaged in an intentional and systematic course of conduct which was aimed at denying its hourly employees proper overtime compensation. The action is brought as a class action under Ohio Minimum Fair Wage Standards Law and as a collective action under the federal Fair Labor Standards Law. The employees are seeking back pay, liquidated and statutory damages as well as injunctive and declaratory relief. As a collective action, potential claimants are required to "opt-in" to the case. The employees have requested that the court issue notice to all potential claimants. Kahn Gauthier Swick is investigating possible legal actions on behalf of persons harmed by exposure to asbestos. It is estimated that half a million legal actions have been filed to recover for injuries and deaths resulting from asbestos. |
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