48C01-1701-CC-000185
Madison Circuit Court
Filed: 1/31/2017 1:30:46 PM Darlene Likens Clerk Madison County Indiana
STATE OF INDIANA N THE MADISON CIRCUIT COURT 1
SS:
COUNTY OF MADISON )
AUSE NO. 48C01-1701-CC- CONTINENTAL DESIGN CO., INC. Plaintiff,
)
vs.
)
PAUL WYSONG, Defendant.
VERIFIED COMPLAINT FOR DAMAGES TURNOVER OF PROPERTY AND REQEUST FOR INJUNCTIVE RELIEF
Plaintiff Continental Design Co., Inc. ("Continental"), by counsel, states the following as
its COMPLAINT FOR DAMAGES, TURNOVER OF PROPERTY, AND REQUEST FOR INJUNCTIVE RELIEF
against Defendant Paul Wysong ("Defendant"):
PARTIES, JURISDICTION AND VENUE
1.
Continental is an Indiana corporation with its principal office located at 1524
Jackson Street, Anderson, IN 46016.
2.
Defendant is an adult Ohio resident who, upon information and belief, resides at
211 East Cross Street, Palestine, OH 45352.
3.
Jurisdiction over the parties is proper pursuant to Rule 4(A) of the Indiana Rules of Trial Procedure'; venue is proper in this Court pursuant to Rule 75(A) of the Indiana Rules of
Trial Procedure.
See Lee v. Goshen Rubber Co., 635 N.E.2d 214 (Ind. Ct. App. 1994) (holding that the employee was subject to the
court's jurisdiction as "the employee visited Indiana several times for training, maintained contact by phone and
mail with the employer, and submitted expense vouchers and other claims to the employer's headquarters in
Indiana ).
FACTUAL BACKGROUND
4.
On June 26, 2013, Continental and Defendant executed an Employee Agreement
whereas Defendant became an employee of Continental. A true and accurate copy of the
Employee Agreement is attached hereto as
Exhibit A
and incorporated herein by reference. 5.
Defendant was the President of Continental's Quality Division, which is one of
Continental's major business units. Defendant was hired to expand the Quality Division by
finding and developing businesses and then managing those businesses.
6.
As part of his employment, Defendant agreed under the Continental Design &
Engineering Contractors Intellectual Property Right Agreement (the "Property Right
Agreement") to devote his full and undivided time to the transaction of Continental's business; to
submit to Continental prompt, complete and accurate reports of his work and expenses; and to promptly remit to Continental all monies collected by him on Continental's behalf. A true and
accurate copy of the Property Right Agreement is attached hereto as
Exhibit B
and incorporated
herein by reference. 7.
In addition, Defendant executed an Affidavit and Oath of Confidentiality (the
"Confidentiality Agreement") whereas he agreed to keep confidential any and all information
concerning Continental. A true and accurate copy of the Confidentiality Agreement is attached
hereto as
Exhibit C
and incorporated herein by reference. 8.
During the course of his employment, Continental had numerous issues with
Defendant.
9.
Defendant consistently provided inadequate and/or incomplete paperwork causing
major delays in payments from customers.
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10.
Defendant failed to obtain proper paperwork and process orders for jobs causing Defendant to receive an advance on commissions on account receivables that Continental were
unable to collect.
11.
As a result of the issues detailed in paragraphs 8 and 9 supra, Continental received
an abundance of disputed customer invoices resulting in thousands of dollars in write-offs. 12.
Defendant deliberately disregarded Continental's hiring procedures and directed recruiters under his supervision to disregard these same procedures resulting in complications
with new Continental employees. 13.
Defendant continuously quarreled with and demeaned Continental's accounting
manager and accounting team, which caused Continental numerous problems. 14.
After Continental terminated a former employee, Defendant informed a third-
party individual why the former employee was terminated, which Defendant admitted to
Continental's CEO Judy Nagengast ("Ms. Nagengast"), resulting in upsets and disrepute.
15.
Due to the issues directly caused by Defendant's negligence, Defendant's overall work performance and interactions with other Continental employees, Continental terminated
Defendant's employment on December 29, 2016.
16.
Following his termination, Defendant was instructed by Continental to return all
Continental property and work product to the Continental Ohio office. 17.
A representative of Continental then visited the Ohio office and discovered that
Defendant, without Continental's consent, had not returned all of Continental's property as
instructed and had either kept some of Continental's property or destroyed it by shredding and/or
deleting the Continental work product from his work computer. A true and accurate photograph
of the shredded documents is attached hereto as
Exhibit D
and incorporated herein by reference.
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