WEST VIRGINIA RECORD

HUNTINGTON - An agreement has been reached in a lawsuit against a former employee after Alcon claimed he breached its contract with the company.

On June 26, a promissory note and agreement was filed in Cabell Circuit Court.

The defendant promised to pay Alcon the sum of $9,827.99; $4,914 on or before July 1 and the remaining $4,913.99 on or before April 1, 2014, according to the promissory note and agreement.

On April 21, 2011, Blake M. Burchell accepted a position at Alcon’s Huntington facility, according to a complaint filed Aug. 15, 2012 in Cabell Circuit Court.

Alcon claimed it agreed to pay Burchell’s relocation expenses from Louisville, Ky., if he signed a Relocation Costs Repayment Agreement, which stated that if he left his employment with Alcon within two years of his start date, he would have to pay back to relocation costs.

On June 25, 2012, Burchell submitted a resignation letter informing Alcon he would be resigning his employment effective July 19, 2012, but then quit on July 13, 2012, according to the suit.

Alcon claimed despite his agreement to repay relocation expenses as set forth in the agreement, Burchell has failed and refused to pay the money that he now contractually owes.

By e-mail communication on July 16, 2012, Burchell denied any liability for the amounts he owes pursuant to the agreement and threatened litigation if Alcon continued to lawfully seek compliance with the agreement, according to the suit.

Alcon claimed the defendant’s refusal to repay the relocation expenses paid by Alcon on his behalf is a material breach of the agreement.

As a result of Burchell’s breach of the agreement, Alcon has been damaged in the amount of $38,823.36, according to the suit.

Alcon was seeking judgment in the amount of $38,823.36 with pre- and post-judgment interest. It was being represented by C. David Morrison and Gregory P. Neil.

The case was assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 12-C-530