Breach of contract claimed in suit against transportation company

By Kelly Holleran | Jan 16, 2013

A man has filed suit against the transportation company that he claims failed to pay him for work he performed.

Timothy C. Kemp claims he was working for defendants Walter Holmfeld and Walter Transport from March 2007 through February.

During the month of February, Kemp worked 160 hours, for which he was supposed to receive $18.61 per hour, according to the complaint filed Sept. 24 in Madison County Circuit Court. However, Kemp has received no money for the hours he worked, the suit states.

In addition, when Kemp attempted to cash a payroll check issued on Jan. 28, 2012, it was returned because of insufficient funds, the complaint says.

Not only was Kemp not paid for work he performed, but money he was also not paid money put into his 401(k) account.

“The contribution ranged from $271.20 to $355.20,” the suit states. “The contributions were maintained and kept by defendants to deprive plaintiff of the contributions to his 401(k) account.

“Defendant Holmfeld has displaced or stolen plaintiff’s contribution funds constituting considerable damage to plaintiff’s financial and psychological well-being.”

Kemp alleges failure to pay wages earned. He says Walter Transport also failed to provide him with sick leave, vacation leave, personal days and payments toward his pension.

Because of his lack of pay, Kemp suffered mental suffering and anguish, the complaint says.

He is seeking no more than $50,000 for economic damages and a judgment of no more than $200,000, plus pre-judgment interest and other relief the court deems just. He also seeks the money he says he is owed, plus medical benefits not received, attorneys’ fees, costs and a 1 percent penalty to all wages not paid.

Todd W. Sivia of Sivia Business and Legal Services in Edwardsville will be representing him.

Madison County Circuit Court case number: 13-L-4.

More News

The Record Network