BUCKHANNON — Buckhannon City Council has approved a $15,000 settlement in a lawsuit filed in December 2016 by former employee Gerald Frank Brown.

City attorney Tom O’Neill told council in a special meeting Thursday the case was scheduled to go to trial next month until a settlement was reached with Brown.

Brown, represented by Philip Isner, brought a suit against the city after he claimed he did not receive his final paycheck until Dec. 19, 2014 despite being terminated on Dec. 9, 2014, according to the file in the Upshur County Circuit Clerk’s office. Brown alleged the City of Buckhannon violated the West Virginia Wage and Payment Collection Act by failing and refusing to pay him his final compensation due upon terminating his employment.

O’Neill said the $15,000 was a negotiated amount.

“That represents a fraction of the city’s potential risk exposure in this matter,” the city attorney said.

“I feel like the city has a very reasonable defense, the fact is that it would represent an expansion of existing case law in order for the court to find for us,” he said. “This amount represents a reasonable settlement and a prudent limitation on the taxpayer’s exposure for the outstanding liability that Mr. Brown claims has accrued through the circumstances of his termination in 2014.

“We do not admit fault as part of the agreement,” he said. “Mr. Brown will forever release the City of Buckhannon for any potential claims related to his employment or any facts that were related or plead to in the complaint.

“Mr. Brown agrees to move the court to dismiss his action with prejudice meaning the action will not be able to be refiled.”

Mayor David McCauley said Brown was terminated for cause but did not elaborate at the meeting.

According to documents in the case file, Brown failed a drug test.

“There were a couple days disparity in when he should have been paid his final check and when he actually got his final check,” McCauley said.

O’Neill said, “Under the law that existed as of Dec. 9, 2014, he was required to have been paid his final wages within four days of separation. Approximately three months after his separation, the legislature changed that law and now separated employees are only due their payment at the next regular pay period.

“There are good reasons why Mr. Brown was not paid within that four day window that would have constituted the bulk of our defense.”

According to documents in the court file, the City of Buckhannon was waiting for Brown to return property that belonged to the city.

Prior to June 11, 2015 West Virginia Code 21-5-4 stated that upon the termination of an employee, an employer shall pay the employee’s wages in full no later than the next regular payday or four business days whichever comes first.

After some discussion, Councilman Dave Thomas moved to approve the settlement which was seconded by councilman C.J. Rylands. The motion passed. Councilwoman Mary Albaugh was absent.