McKinney v. K-Mart Corp.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

I. Background

Tamra McKinney, 1 the Plaintiff, was employed by K-Mart at its Kanawha City, West Virginia store from September 5, 1980, to April 30, 1982, and then again from March 15, 1983, until March 6, 1985. 2 This litigation has its genesis in McKinney’s second term of employment with K-Mart.

Employed in the layaway department, McKinney had become the senior employee of that department by early 1985. She was primarily responsible for determining the balance due on all items remaining in the layaway, a procedure known as “running the tape.” When…