Company hasn't paid promised bonuses, man claims

By Whitney Brakken | May 13, 2014

WINFIELD -- A Pecks Mill resident is suing, claiming he has not received bonus checks as promised.

Kevin McCallister filed a lawsuit April 23 in Putnam Circuit Court against US Bearing and Power Transmission Corp., citing breach of contract, violation of the West Virginia Wage Payment Collection Act, unjust enrichment, fraud/constructive fraud and declaratory judgment.

The complaint states McCallister was hired by the defendant Nov. 10, 2007. Pursuant to the hiring letter, the plaintiff was to receive $65,000, plus a third check or additional bonus for sales exceeding his commission, according to the complaint.

The plaintiff says the hiring agreement was silent as to when the additional paycheck would be issued, but the plaintiff believed it was to be paid monthly.

The plaintiff alleges his sales have exceeded the amount necessary for a bonus for all months except four, but he has never received an additional check or bonus.

The plaintiff is seeking an undisclosed amount in damages and a declaratory judgment.

McCallister is being represented in the case by Stephen P. New of The Law Office of Stephen P. New and Adam D. Taylor of The Law Office of Adam D. Taylor Inc. The case has been assigned to Circuit Judge Phillip M. Stowers.

Putnam Circuit Court Case No. 14-C-140

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