Wheeling, WV: Cracker Barrel is facing an unpaid wages class action lawsuit filed by a former employee who alleges the company did not pay final wages in a timely manner. Plaintiff Mary F. Cyrus, who worked as a retail manager, claims in the employment class action that Cracker Barrel violated the West Virginia Wage Payment and Collection Act (WPCA). Cyrus was fired on February 9, 2013.
"Defendant failed to Plaintiff and other similarly-situated Class members their employment wages in full within the time periods mandated by the WPCA for discharged employees,"the lawsuit states.
"Defendant' actions violated the WPCA entitling Plaintiff and other similarly-situated class members to treble damages and to attorneys' fees and costs "
Currently, the class is defined as "All persons formerly employed by the Defendant in West Virginia who were discharged and not paid all wages timely at any time five years prior to the filing of this Complaint through class certification."The plaintiff reserves the right to refine the class definition following discovery.
The plaintiff is represented by Todd S. Bailess and Joy B. Mega of Bailess Law in Charleston.
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Hi my name is Angela Mulvey, I worked at Cracker Barrel store 452 in Coventry Rhode Island for 15 years. There was many many days in those years that I was stuck there after my shift rolling silverwear and doing side work. I also put of the 15 years opened 7 years of that time in at 5:30 and got paid server wages 3.89 an hour. I opened 5 days a week opening for 7 years and never knew that I was supposed to get regular hourly wages for that half an hour until I changed jobs and started serving somewhere else in 2020, I started opening for this company and I am in fact making minimum wage for the time that I am not serving and are opening. I would like to find out if I can get back wages that I earned for that half hour of my time 5 days a week 7 years out of the 15 years I worked there. I always thought that it was unfair for me to get 3.89 an hour when I was serving for that part of the day, and we weeent open yet. But I never really questioned it because I thought that that’s the way it worked. Please get back to me on this issue. Again there were also days that I would be off at 1:00 and wouldn’t get out until 3:00 making server wages when I had no tables because I was cut from the floor. Doing side work and silver wear.
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