Shortly after having their motion to dismiss denied by a U.S. district court judge, Fuyao Glass America (FGA) and its chairman Cho Tak Wong (Mr. Cho) have officially filed their responses to the complaints made against them by former executive Dave Burrows. Burrows is suing the defendants for fraud, breach of contract, promissory estoppel, defamation and discrimination following his November 2016 termination.
Burrows worked at the company’s Dayton, Ohio, plant as the vice president of facilities. He claims he was “terminated by Fuyao without cause and without written notice, and was not given any explanation, oral or written, for his termination.”
In a recently filed court document, Marc Fleischauer, attorney for FGA and Mr. Cho, denies all of Burrows’ allegations against the defendants.
He argues the plaintiff fails to make a claim upon which relief can be granted; his termination was a non-discriminatory business decision; his claim for punitive damages should be dismissed because the plaintiffs “acted in good faith and without malice” at all times; and that Burrows’ employment with FGA was at-will “and the parties did not clearly manifest any contrary intent.”
Fleischauer has asked the court to dismiss the claims against the manufacturer and its chairman and award them attorney’s fees and other associated costs.