Former Diamond Regional Operations Manager Sues Belron US for Approximately $100,000 in Severance Payments
November 30, 2009

Former Diamond Triumph Auto Glass regional operations manager Michael Wasnetsky has filed a suit against Belron US for severance payments to which he alleges the company agreed. Wasnetsky left the company in August 2008, shortly after Belron US purchased Diamond's assets. The suit was originally filed in the Court of Common Pleas of Lackawanna County, Pa., and recently was moved to the U.S. District Court for the District of Middle Pennsylvania due to the size of Wasnetsky's claims, which total nearly $100,000.

According to the complaint, Wasnetsky alleges that around August 19, 2005, he signed an employment agreement with Diamond, and then became an employee of Belron US when it purchased Diamond's assets in June 2008 as part of Diamond's Chapter 11 filing. He claims that when he resigned, the company "promised to pay [him] separation payments totaling $111,800 payable in 52 consecutive weekly payments of $2,150."

In return for the payments, Wasnetsky says he agreed to "comply with all past-employment restrictions contained in the Employment Agreement." In the complaint, Wasnetsky alleges that he received four to five weekly payments, and "without justification, [Belron US] stopped and continues to refuse to make the promised separation payments."

Wasnetsky's suit charges Belron with Breach of Contract, and claims the company had no reason to cease making the payments, and that he was acting in accordance with both the Separation and Employment agreements. He is seeking "all amounts due and owing under the Separation agreement."

Wasnetsky is represented by John G. Dean of Elliott Greenleaf and Dean in Scranton, Pa. Dean had not responded to request for comment at press time.

At press time, Belron US spokesperson Jenny Cain had not responded to a request for comment. The company recently motioned for an extension to respond to the allegations, and the judge has extended the Belron US deadline to do so until December 18.

CLICK HERE for full text of complaint.

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