CHARLESTON – A Kanawha County man is suing Casto Technical Services, Inc., after he claims it owes him for performance incentive payments and/or annual bonuses.

From 1995 through Sept. 30, 2011, Jeffrey R. Brown was employed by Casto, according to a complaint filed Feb. 28 in Kanawha Circuit Court.

Brown claims from June 5, 2006, until Sept. 30, 2011, he was Casto’s Vice President of Engineering Services, and the terms of conditions for the payment of annual incentives and annual bonuses to Casto’s employees were contained in a written compensation incentive policy issued by Casto to its employees.

From October 2010 until September 2012, Thomas Epps was also employed by Casto as its chief financial officer and, pursuant to the contract, Brown and Epps were deemed to be counterparts in regard to their employment with Casto, according to the suit.

Brown claims he was paid an annual salary with benefits and Casto also agreed to pay an annual performance incentive and bonus if certain conditions delineated in the policy were met.

Casto owes Brown for performance incentive payments and/or annual bonuses based on his work on various projects, according to the suit.

Brown claims Casto paid Epps his annual bonus, but did not pay him his bonus.

Casto wrongfully refused to pay all amounts owed to Brown, which is a breach of contract, according to the suit.

Brown claims the defendant has received benefit from the professional services and labor he provided.

Casto has been unjustly enriched by the provision of professional services and labor provided by Brown, which caused him damages, according to the suit.

Brown is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Shawn R. Romano and Robert H. Miller II of Romano & Associates, PLLC.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 13-C-417

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