Delivery driver sues restaurant for unpaid wages, other violations

A former employee of Green Tea Asian Fusion filed a lawsuit over unpaid wages and other violations.
John W. Rolf was hired by the restaurant as a delivery driver in September 2018. He was paid $10 an hour and kept all tips from customers, according to the suit.
Rolf received his pay, including credit card tips, by the restaurant and then paid it back 24 percent of the pre-tax total — expecting that money to be put toward state and federal taxes. Instead, that money was converted to the use of the defendants, the suit said. Rolf realized  24 percent did not get put toward his taxes when he received his W-2.
The suit, filed in Monongalia County Circuit Court, named Green Tea Asian Fusion Inc., Li Fang Cai and Qiao Wu Chen. Cai and Chen are named individually and as officers for the restaurant.
The Dominion Post called Green Tea Asian Fusion asking for a comment by Cai or Chen but did not receive a response in time for this report.
It’s also alleged  the defendants stopped paying Rolf any of his wages or tips  Feb. 7. Rolf is owed $1,590 in back wages and $1,205.63 in back gratuities, the suit said. Rolf stopped working at the restaurant March 14.
Additionally, the suit claimed during the workweek starting Feb. 14 and ending Feb. 17, Rolf worked more than 40 hours and was not paid time-and-a-half for the hours over 40 he worked.
As a result of the actions of Cai, Chen and Green Tea Asian Fusion, Rolf  suffered great aggravation, annoyance and inconvenience, the suit said. The defendants had no legal right to divert the 24 percent of Rolf’s gross wages intended for taxes to their own use.
All three defendants are accused of violating the West Virginia Wage Payment and Collection Act.
The suit seeks unpaid wages due, compensatory damages determined by a jury, liquidated damages in the amount of two times compensatory damages as provided by the WPCA, pre- and post-judgement interest, court expenses and other relief as the court and/or jury determines fair, just and proper.
Green Tea Asian Fusion is on Burroughs Street in Morgantown. According to the West Virginia Secretary of State’s business registry, Cai and Chen are both directors, with Cai serving as the president and Chen as secretary.
The business was registered in October 2016.