TYLER – A Nebraska man is suing his former employer in Texas alleging breach of contract and fraud, among other claims, surrounding a bonus that he claims was due to him under the company’s bonus plan.

Paul Westbrook filed the lawsuit on Feb. 2 in the Tyler Division of the Eastern District of Texas against RDO Equipment Co.

According to the complaint, Westbrook accepted an offer of employment from RDO to be the general manager of RDO’s new McKinney branch. The terms of the employment allegedly included a signing bonus of $16,000, an annual salary of $130,000 and participation in RDO’s Texas General Manager Bonus Plan for fiscal year 2015, which was to be prorated from his June 20, 2014, start date. The plan stated that distribution would occur on or before March 15, 2015, according to the complaint.

On Feb. 12, 2015, RDO terminated Westbrook’s employment with the company and the company stated they would pay the outstanding wages and paid time off through Feb. 12, 2015, to which he is entitled under applicable law, the suit states. Westbrook allegedly did not receive any portion of the bonus that was due to him under the bonus plan in his final pay. Westbrook sent a letter demanding the bonus, but RDO has allegedly failed to pay the bonus, the suit states.

Westbrook is demanding a jury trial, damages sustained as a result of RDO’s alleged breach of contract, fraud, violations of the Theft Liability Act and negligent misrepresentations, and reasonable and necessary attorneys’ fees. Westbrook is represented by Richard E. Harrison and Matthew R. Mumm of Harrison and Hull LLP in McKinney.

Tyler Division of the Eastern District of Texas Case number 6:16-cv-00038-MHS

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