According to local news outlets the Herald-Leader and the Hazard Herald, attorneys Cheryl Lewis and McKinnley Morgan submitted suit documentation last Friday against Frasure Creek Mining and its owner, West Virginia-based Trinity Coal, for violating the outlines of the federal Worker Adjustment and Retraining Notification Act that requires a 60-day notice before sizeable layoff action.

All 139 workers included in the suit were impacted in two rounds of layoffs at the Perry County complex in early April.

According to the lawsuit, the Herald-Leader reported, miners asked if their jobs were in trouble but were told by company representatives that they were not.

The Hazard Herald said workers were presented with a letter on March 28 from Trinity president Doug Blackburn indicating their jobs were safe.

Documentation from a separate federal lawsuit filed by the company in the state on March 19 claims a large Trinity customer had stopped taking deliveries, which would result in an idle of operations and the furlough of an initial 260 individuals.

It was after the report when many began asking questions, according to the Herald-Leader.

The laid off miners claim the companies deliberately made false statements so they would continue working.

The plaintiffs are reportedly seeking 60 days' pay and benefits as well as punitive damages and attorney fees, the relief they would receive under WARN regulations.

ILN could not locate a Trinity Coal spokesman by press time.