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
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
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.
HERE for full text of complaint.
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