Michael Rogers, 24, of Luzerne, claims restaurant failed to pay him between $190 and $240

Last updated: September 21. 2013 6:26PM - 1111 Views
By - jlynott@civitasmedia.com

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SCRANTON — A former fast-food restaurant worker has sued the owners of the Shavertown McDonald’s where he worked, claiming he could not access his payroll debit card to collect his wages after he was fired last year.

Michael Rogers, 24, of Bennett Street, Luzerne, is owed between $190 and $240, said attorney Michael Cefalo, who represents him in the lawsuit filed Friday in Lackawanna County Court.

The filing named Albert and Carol Mueller, owners of the McDonald’s on state Route 309 in the Back Mountain, as defendants. They also are defendants in a class-action suit filed by Cefalo & Associates of West Pittston regarding the use of debit card with fees to pay workers.

Rogers’ suit deals with alleged violations of the state Wage Payment and Collection Act and is separate from the class-action suit, Cefalo said.

The complaint was filed in Lackawanna County because the Muellers’ business, Albert and Carol Mueller LTD Partnerships, is located in Clarks Summit, Cefalo said.

According to the complaint, Rogers was hired to work at the McDonald’s restaurant on April 12, 2012, at an hourly rate of $8.25 until he was terminated on June 30, 2012. He was not paid for his last pay period from June 17 to June 23, the suit states. On July 14, 2012, he tried to access the JP Morgan Chase Payroll Debit Card issued by McDonald’s only to be informed that the card was in “unauthorized use” status, the suit states.

More than a year later Cefalo contacted the law firm of Littler Mendelson of Philadelphia, which represents McDonald’s, and demanded payment for Rogers. But attorney Matthew Hank of the law firm replied in a July 24 letter, “Our client has reviewed its records and confirmed that Mr. Rogers has been paid all of his wages.”

Rogers is seeking payment of his remaining wages, attorney’s fees, interest, costs and damages.

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