Still waiting on Wal-Mart settlement check - - Jackson, MS

Still waiting on Wal-Mart settlement check

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By Howard Ballou  - bio | email | twitter

 JACKSON, MS (WLBT) -  A former Jackson Wal-Mart employee was one of many Mississippi plaintiffs who won a settlement in a wage and hour dispute with the retail giant. That was last year. But Clotee Lewis said Thursday she still hasn't received her check, so she emailed asking Three On Your Side to investigate. 

Clotee Lewis said she worked part time at the Highway 18 Wal-Mart and at Its previous location on Ellis Avenue in 1997 and 1998. 

She said, "They would lock the stores and when it was time for us to get off work, they lock the stores and make us zone the store and things like that, so without compensation." 

Lewis joined a class action wage and hour lawsuit against the company in 2003. Jackson lawyer Delano Funches represented Lewis, her sister and several others. They won the case and plaintiffs were awarded a 750-dollar settlement, each. Some have received their checks, but Lewis says she, her sister and others have not. Lewis wanted Funches to explain why. 

She said, "I started contacting them back in April 2010 up until December 16th, 2010." 

Lewis continued, "I was told the settlement was still pending and they were still waiting on settlement funds." 

Lewis told us she feels like she had been getting the run around. 

WLBT contacted attorney Funches by telephone and while he declined an on camera interview, he did tell us the case had, indeed, been settled but a group called Rust Consulting is handling those checks. Funches said there were actually two suits; one in Holmes County and the other settled in U-S District Judge Henry Wingate's court. He said all but two of the plaintiffs in the Holmes County case have cashed their checks. 

Lewis said, "It's just that when you place your trust in someone who's supposed to have your best interest at heart and represent you as the plaintiff, you expect them to do the right thing." 

Funches indicates he has done the right thing and the ball is now in Wal-Mart's court. He gave us numbers for Rust Consulting and Wal-Mart attorney, Sidney Dunnigan. Rust Consulting had a recorded menu regarding the settlement and a woman who only identified herself as "Cheryl", told me Sidney Dunnigan is out of the office for a couple of weeks. 

If you are a plaintiff in the Wal-Mart wage and hour suit in Mississippi, Funches says you can contact Rust Consulting at 1-877-872-3809 or you can call Wal-Mart attorney Sidney Dunnigan at 404-235-5503. 


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