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Judge orders Kmart to hand over work data

December 27, 1999|By JULIE E. GREENE

MARTINSBURG, W.Va. - A Berkeley County Circuit Court judge has ordered Kmart Corp. to turn over information needed to determine how much former Kmart employees in the Eastern Panhandle are owed for unpaid vacation benefits.

On June 9 the West Virginia Supreme Court stated Kmart wrongfully denied pay to its former West Virginia employees for earned but unused vacation benefits, according to a prepared statement by the Martinsburg law firm of Hammer, Ferretti & Schiavoni.

David Hammer, one of the attorneys representing former Kmart employees, could not be reached for comment on Monday.

Officials at the Kmart store on Winchester Avenue in Martinsburg had no comment on Monday. No one answered the telephone at Kmart's corporate offices in Michigan on Monday.

Following up on the state Supreme Court's decision, Berkeley County Circuit Court Judge David Sanders issued an order on Dec. 2 for Kmart to turn over the necessary data to compute back pay and damages, according to the statement.

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The decision could impact employees at any Kmart in West Virginia who were terminated on or after Oct. 24, 1989, and before Kmart changed its corporate vacation pay policy and informed its employees of that in writing, according to the statement.

Kmart has until March 1, 2000, to turn over the data, the statement says.

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