Jon Campisi Jun. 3, 2013, 6:45am


A Northeastern Pennsylvania man is claiming in a new civil suit that a Delaware County-

based company owes him thousands of dollars in unused vacation time and business expenses.

Michael Brezack, who lives in Bethlehem, Pa., filed suit last week against Philadelphia-based Penn Linen & Uniform Services Inc. and a man identified as the company’s director, Whitehall, Pa. resident Roger Cocivera.

According to the complaint, which was filed May 29 at the Philadelphia Court of Common Pleas Court by Norristown, Pa. attorney W. Frank Johnson, Jr., of Fox and Fox Attorneys at Law, Brezack, who was first hired by the company in January 2008 as the vice president of operations, has not been compensated for unused accrued vacation time and for unreimbursed business expenses.

The lawsuit says that as per the terms of his employment, Brezack was to be compensated for three weeks worth of accrued vacation time annually plus any unused vacation that had accrued at the predecessor companies of Penn Linen, identified as McDade Laundry and Aurora Textiles Services.

The plaintiff, who says he “faithfully performed his duties as the Vice President of Operations for the Defendants and in all ways performed the obligations imposed upon him,” has not been reimbursed the approximately $8,305.92 in accrued vacation time, which he calculated based upon his $1,384.32 weekly salary.

Brezack also claims he is owed about $9,800 in thus far unreimbursed business expenses, although the lawsuit states that because the expenses reports submitted by the plaintiff are currently in the “sole custody” of the company, he has know way of accurately ascertaining the amount actually due him.

“Plaintiff has demanded of the Defendants the compensation due and owing to him for six weeks of earned vacation and unreimbursed expenses, but Defendants have refused and continue to refuse to pay the Plaintiff the sum due him,” the complaint reads.

The lawsuit does not appear to specify whether or not Brezack was fired from his job or left voluntarily, only saying that he never received the amount of compensation he claims he is owed after his employment ended.

However, the court docket lists the case as wrongful termination litigation.

The suit also states that while Brezack says he had accrued 12 weeks worth of unused vacation time, the company did, in fact, compensate him for six weeks of the accrued time of.

Still, Penn Linen has failed to pay him for the other six weeks worth of accrued vacation, the complaint alleges.

Brezack seeks $50,000 in compensatory damages, together with interest, costs, attorney’s fees, punitive damages, and liquidated damages of an amount equal to 25 percent of the total wages due.

An arbitration hearing has been scheduled for mid-February 2014.

 

The case ID number is 130503050.

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