Lawsuit: Citynet wrongfully denied employee's requests

By Kyla Asbury | Jun 20, 2013

CHARLESTON - A man is suing Citynet LLC after he claims it wrongfully denied his requests under the employee incentive plan.

James Thomas was employed by Citynet until Oct. 19, when he voluntarily left his employment, according to a complaint filed June 3 in Kanawha Circuit Court.

Thomas claims the defendant denied his redemption request under his Citynet Employee Incentive Plan.

The plan was established by Citynet for itself and its subsidiaries for the purpose of creating incentives designed to motivate participants to put forth maximum effort toward the success and growth of the company, the suit says.

Thomas claims the plan also enabled the company to attract and retain experienced individuals who, by their position, ability and diligence, are able to make important contributions to the company's success.

Participants are vested 100 percent in the plan after the fourth anniversary of becoming a participant, and Thomas was therefore vested 100 percent prior to the date of separation with the company, according to the suit.

Thomas claims pursuant to the plan, in the event a participant voluntarily terminates employment with Citynet after 18th month anniversary of the effective date of the plan, all performance units granted to the participant which have vested prior to the effective date of termination shall be available for redemption.

At the time of his separation with Citynet, Thomas was due redemption of his performance units under the plan and valued at approximately $131,290.40, according to the suit, but Citynet breached the terms and a provision of the plan as to Thomas in failing to pay the amounts due under the plan.

Thomas is seeking compensatory and punitive damages. He is being represented by J. Michael Ranson and Cynthia M. Ranson of Ranson Law Offices PLLC.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-1061

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