Man says former employer broke agreement

By Kyla Asbury | Feb 26, 2015

MARTINSBURG – A former employee is suing The Library Corporation after he claims it broke his employment agreement.

In 2007, TLC had out of control costs, had little market for growth and had no new products in the pipeline, according to a complaint initially filed Nov. 7 in Berkeley Circuit Court and removed to federal court on Feb. 10.

Joshua Bloom claims the company had an interest in finding cheaper and more agile technologies and methodologies and increasing profitability.

At that time, Bloom lived in Manhattan with his family and worked for a successful company, according to the suit. Bloom was also a work-recognized expert in Lean, Kanban and Agile methodologies.

Bloom claims TLC contacted him to discuss hiring him as TLC's chief technology officer.

"In light of the extent to which plaintiff was uprooting his family, it was important to plaintiff that TLC provide security to him via an employment contract," the complaint states.

The plaintiff and TLC entered into an employment agreement and Bloom would not have accepted employment with TLC in the absence of the agreement, according to the suit.

Bloom claims in reliance upon the employment agreement and assurances, he and his wife resigned from their jobs, left Manhattan, purchased a home in West Virginia and moved their family.

In August 2013, Annette Murphy met with Bloom and told him his work was excellent and reiterated her desire that he continue as chief technology officer, according to the suit.

However, on Nov. 8, 2013, Murphy informed Bloom that his employment was terminated effective Nov. 22, 2013, and did not provide a cause for the termination, according to the suit.

Bloom claims his employment agreement required TLC to provide 90 days written notice of any termination without cause.

The defendants violated the Wage Payment and Collection Act by failing to abide by the employment agreement and providing Bloom the termination benefit to Bloom within 30 days following his termination.

Bloom claims the defendants breached their contract with him and their outrageous, willful, wanton, reckless and tortious conduct caused him to suffer emotional distress.

Bloom is seeking compensatory and punitive damages. He is being represented by Peter A. Pentony of the Law Office of F. Samuel Byrer PLLC.

The defendants are represented by William Richard McCune Jr. and Alex A. Tsiatsos of Wm. Richard McCune Jr. PLLC.

The case is assigned to District Judge Gina Groh.

U.S. District Court for the Northern District of West Virginia case number: 3:15-cv-00011

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