Etimine USA, Inc., allegedly breaks contract with employee and fails to pay severance package.
FOR IMMEDIATE RELEASE
Employee Files Lawsuit against Etimine USA.
Gokhan, former president and CEO of Etimine USA, a business of boron product sales, entered a five year employment agreement with the company. According to this agreement, the relationship and corresponding document would renew every five years unless either party submitted a written notice “not later than four months prior to the expiration of the Primary Term or any Renewal Term.” Gokhan worked hard for the company, and although Etimine USA supposedly didn’t have any cause for termination, they terminated him early.
Five months before the employment agreement would automatically renew, Etimine USA “resolved to terminate the Employment Agreement.” According to the agreement, termination before a set date required that Etimine provide Gokhan with a severance package as long as he had provided no cause for termination. But, two weeks later, perhaps in a scurry to cover up the early termination, Etimine called another board meeting.
In this second meeting, Etimine replaced the first resolution with a second, inserting a phrase that would seemingly negate their responsibility to provide a severance package at the end of the employment relationship. Despite this new document, Etimine’s first resolution announced the termination of Gokhan within the time period that required that Etimine provide a severance package. Therefore, bound by their own employment agreement, Etimine allegedly owes Gokhan a severance package.
If Gokhan had given cause for early termination, Etimine would not be held responsible for the early termination. Although a long list of causes accompany the agreement, Etimine didn’t state a cause for Gokhan’s termination. Therefore, Gokhan is eligible to receive the severance package based on the wording of the employment agreement. At the end of his employment, Gokhan never received the severance package. Etimine’s tardiness in following through with the employment agreement violates this legally binding document. KM&A fights for the rights of employees like Gokhan.
Full text of this complaint, as filed with the Court of Common Pleas of Allegheny County, Pennsylvania, is available at docket no: GD-17-010331
Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.