In September 2016, Dan Wilson, former president and CEO of Belron U.S. and Safelite Group, filed a complaint against the company claiming that its nonqualified deferred compensation plan was mismanaged. This caused him to have to “withdraw money from his retirement account, incurring substantial taxes, penalties and interest,” according to the document.
The plaintiff alleges that he deferred hundreds of thousands of dollars in compensation each year from 2006 to 2013. In 2014, an audit found that Wilson’s post-2008 deferrals were not properly done, according to his attorney.
Since the original complaint, Safelite has denied several of Wilson’s allegations. A court document states:
“First Defense: Plaintiff fails to state a claim upon which relief can be granted.
Second Defense: Plaintiff fails to state a claim for punitive damages upon which relief can be granted.
Third Defense: Plaintiff’s claim for breach of contract is barred by mutual mistake.
Fourth Defense: Plaintiff’s claim for breach of contract is barred by unilateral mistake.
Fifth Defense: Plaintiff’s claim for negligence and negligent misrepresentation are barred by the economic loss rule.
Sixth Defense: Plaintiff’s claim for negligence and negligent misrepresentation are barred by Plaintiff’s contributory negligence.
Seventh Defense: The Safelite Plan is a top hat plan under ERISA 201 (2), and Plaintiff’s claims are therefore preempted by ERISA.
Eighth Defense: Plaintiff’s claims are barred by Plaintiff’s assumption of risk with respect to the Safelite Plan, which Plaintiff requested Safelite to sponsor and establish.”
Both parties have requested a jury trial, but no date has been set, nor has a settlement been reached.