Galveston man sues former employer for breach of contract

John Suayan, Galveston Bureau Dec. 3, 2009, 3:30am

GALVESTON - A Galveston County man says he was terminated despite obeying the terms of his contract and is suing for approximately $210,000 in damages.

Kenneth Burch's breach of contract lawsuit against Great Western Valve, which was filed Nov. 18 in Galveston County District Court, claims he was dismissed after barely a month on the job.

Court papers show the defendant hired Burch in July as its supervisor of operations.

The contract obligated the defendant to pay the plaintiff a salary and fringe benefits for a two-year period, the suit says.

It was short-lived however, as Great Western Valve fired Burch the next month.

The plaintiff insists he was faithful to the agreement.

"The plaintiff lived up to his written obligations under the contract," the suit says.

It adds he gave the company in September 30 days to resolve the issue, but the latter ignored his request.

"The defendants made no effort to cure the breach and avoid litigation," the suit says.

The original petition ultimately argues that Great Western Valve was in deliquent status with the Texas Comptroller and not in good standing when the contract between the company and Burch was active.

The plaintiff seeks a salary of $183,333.33; a 401K matching contribution of $6,000; health insurance premiums of at least $25,000; attorney's fees and litigation costs as well as a jury trial.

Vascoe, Valdes & Markle LLP is representing Burch, and Galveston County 10th District Court Judge David Garner is presiding over the case.

Case No. 09CV2126

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