A 49-year-old Kalispell man charged with stealing nearly $43,000 worth of lumber from his employer is now suing the company for wrongful termination and malicious prosecution.

James Jumper, who pleaded not guilty to a felony charge of theft on Aug. 23, argues in his lawsuit that he did not commit the theft, and thus Rocky Mountain Lumber Co.’s choice to terminate his employment violated state law. He further argues that his criminal charges are the result of malicious action by the company.

Jumper is seeking four years of wages and fringe benefits — with interest — as well as reimbursement of his attorney fees and compensatory and punitive damages. In order to settle the issue, Jumper is demanding a trial by jury.

In addition to his civil suit against the company and the criminal charges against him, Jumper is facing seizure of his property to satisfy more than $17,400 in unpaid taxes, interest and penalties to the Montana Department of Revenue.

That action comes after Jumper failed to pay $3,158 in taxes in 2007, $6,141 in 2008 and $3,758 in 2009.

According to court documents relating to Jumper’s criminal charge, a purchasing manager was ordered to inventory the company’s supplies after the amount on the lot did not match up with what had been purchased and was being sold at the store.

The manager discovered a large amount of building materials was unaccounted for, and later reportedly overheard Jumper and another employee talking about a building project at Jumper’s home. He then went to Jumper’s house and allegedly discovered a large amount of lumber still wrapped in Rocky Mountain Lumber logo wrapping.

The document went on to allege that the manager confronted Jumper, who asked about returning the lumber, which the manager agreed to give him one week to do.

A detective later went to Jumper’s house, at which point Jumper allegedly said he had purchased the lumber from two other lumber companies. Jumper then allegedly provided receipts that did not match up with the lumber.

If convicted, Jumper faces up to 10 years in jail and a fine of up to $50,000. His next hearing is scheduled for Jan. 16.

Reporter Jesse Davis may be reached at 758-4441 or by email at [email protected].