Lehman v. United Bank, Inc. (Signed Opinion)
Annotate this CaseThis matter involved two actions consolidated by the circuit court for appeal purposes concerning the application of the West Virginia Wage Payment and Collection Act (WPCA). Appellants, two employees whose positions were eliminated as a result of their employer's merger with United Bank, appealed circuit court orders granting summary judgment to Appellee, United Bank, and dismissing their claims for liquidated damages based on the provisions of the WPCA regarding late payment of compensation due at termination. The Supreme Court affirmed, holding that the lower court did not err in categorizing the termination of employment of either Appellant as a lay-off rather than discharge and in thus finding Appellants were fully compensated for all pay due within the prescribed statutory period.
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