Kay K. MEADOWS, Plaintiff Below, Appellant,
v.
WAL-MART STORES, INC., Defendant Below, Appellee.
Beverly Judy and Karen Austin, Individually and as Class Representatives, Plaintiffs Below, Appellants,
v.
Sheetz Corporation, Defendant Below, Appellee.
Christine Remsberg, et al., Plaintiffs Below, Appellants,
v.
Kmart Corporation, Defendant Below, Appellee.
Elizabeth Besaw Hutzler and Contessa Besaw Vanorsdale, Plaintiffs Below, Appellants,
v.
Easton Molding Corporation, a West Virginia Corporation, Defendant Below, Appellee.
H. Vance Stewart, Plaintiff Below, Appellee,
v.
Waco Equipment Co., dba Waco Scaffolding & Equipment, Defendant Below, Appellant.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted January 26, 1999.
Decided June 9, 1999.
Dissenting Opinion of Chief Justice Starcher February 16, 2000.
Concurring Opinion of Justice Davis June 9, 2000.
Attorney(s) appearing for the Case
Gregory W. Sproles, Esq., Breckinridge, Davis & Sproles, Summersville, West Virginia, Attorney for Meadows.
Roger A. Wolfe, Esq., Victoria J. Sopranik, Esq., Jackson & Kelly, Charleston, West Virginia, Attorneys for Wal-Mart Stores, Inc.
Robert J. Schiavoni, Esq., David M. Hammer, Esq., Hammer, Ferretti & Schiavoni, Martinsburg, West Virginia, Attorneys for Judy, Austin, Remsberg, et al., Hutzler and Vanorsdale.
Garry G. Geffert, Martinsburg, West Virginia, Attorney for Judy and Austin.
Richard D. Owen, Esq., J. David Fenwick, Esq., Goodwin & Goodwin, Charleston, West Virginia, Attorneys for Sheetz Corporation.
Larry W. Blalock, Esq., Jackson & Kelly, New Martinsville, West Virginia, Attorney for Kmart Corporation.
Clarence E. Martin, III, Esq., Susan R. Snowden, Esq., Martin & Seibert, Martinsburg, West Virginia, Attorneys for Easton Molding Corporation.
Barbara G. Arnold, Esq., Parkersburg, West Virginia, Attorney for Stewart.
Thomas P. Mannion, Esq., Brian D. Sullivan, Esq., Reminger & Reminger, Cleveland, Ohio, Attorneys for Waco Equipment Co.
Susan R. Snowden, Esq., Martin & Seibert, West Virginia Manufacturer's Association and West Virginia Retailer's Association, for Amici Brief.
Robert M. Steptoe, Jr., Esq., Rodney L. Bean, Esq., Steptoe & Johnson, West Virginia Chamber of Commerce, for Amicus Brief.
Supreme Court of Appeals of West Virginia.
MAYNARD, Justice:
These five cases have been consolidated to determine the issue of whether the West Virginia Wage Payment and Collection Act, W.Va.Code §§ 21-5-1 to 21-5-18 (hereinafter "the WPCA" or "the Act"), requires employers to pay employees unused sick leave or vacation pay in the same manner as wages, regardless of the terms of the applicable employment policy, upon separation from employment. After careful consideration, we conclude that it does...
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