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Plaintiff Continental Design Co., Inc. ("Continental"), by counsel, states the following as
its COMPLAINT FOR DAMAGES, TURNOVER OF PROPERTY, AND REQUEST FOR INJUNCTIVE RELIEF
2. Defendant is an adult Ohio resident who, upon information and belief, resides at
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
whereas Defendant became an employee of Continental. A true and accurate copy of the
Continental's major business units. Defendant was hired to expand the Quality Division by
6. As part of his employment, Defendant agreed under the Continental Design &
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.
"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
8. During the course of his employment, Continental had numerous issues with
Defendant.
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10. Defendant failed to obtain proper paperwork and process orders for jobs causing
unable to collect.
11. As a result of the issues detailed in paragraphs 8 and 9 supra, Continental received
recruiters under his supervision to disregard these same procedures resulting in complications
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
16. Following his termination, Defendant was instructed by Continental to return all
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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18. The property that was kept and/or shredded by Defendant without the consent of
password information;
b. key and ID for Microsoft Office Software on computers left at the Ohio
office;
c. a list of all customer activity by Defendant and Jerome Scott since October 1,
2016 (this would include what customers or prospects they visited, contacted,
d. a list of all the prospects he was working on including names, company and
contact information.
Continental;
f. Continental's login for its Delta Sky Bonus account in which Defendant
documents (a., b., c., d., e., f. collectively referred to as the "Property").
Facebook page stating, among other things, that employment with Continental is "a slow
religious coercion plan to get you to practice and possibly convert over to their scientology
beliefs." A true and accurate screenshot of the Facebook post is attached hereto as Exhibit E and
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20. Furthermore, Defendant and another individual, wearing masks, picketed outside
of Continental's principal place of business, which the Defendant has admitted, with signs
stating: "Smile! You're entering a Scientology zone"; and "Say NO to their 'IQ' (aka
Scientology) test." A true and accurate photograph of the picketers' signs are attached hereto as
21. Prior to Defendant's termination, Continental has never had any issues with
22. The statements contained in Defendant's Facebook post and the statements
published on the signs are patently false and are damaging to the good reputation of Continental.
Count 1
BREACH OF CONTRACT
23. Continental incorporates the preceding paragraphs as if fully set forth herein.
24. The Employee Agreement is a valid and enforceable contract between Continental
and Defendant.
25. Defendant has breached the Employee Agreement by not making to Continental
prompt, complete and accurate reports of his work and expenses beginning October 1, 2016.
26. As a direct and proximate result of the Defendant's breach of the Employee
27. Continental has performed all of its obligations under the Employee Agreement,
and Defendant's breach of the Employee Agreement has not been waived or excused by
Continental. Therefore, Continental has the right to recover damages from Defendant.
28. Because Continental's damages are ascertainable in accordance with fixed rules
of evidence and known standards of value, and there has been an unreasonable delay in payment
5
WHEREFORE, Plaintiff Continental Design Co., Inc., requests that the Court enter
judgment in its favor and against Defendant Paul Wysong, in an amount Continental will prove,
plus pre-judgment interest, costs, and all other just and proper relief.
Count 2
BREACH OF CONFIDENTIALITY AGREEMENT
29. Continental incorporates the preceding paragraphs as if fully set forth herein.
32. As a direct and proximate result of the Defendant's breach of the Confidentiality
WHEREFORE, Plaintiff Continental Design Co., Inc., requests that the Court enter
judgment in its favor and against Defendant Paul Wysong, in an amount Continental will prove,
plus pre-judgment interest, costs, and all other just and proper relief.
Count 3
LIBEL
33. Continental incorporates the preceding paragraphs as if fully set forth herein.
34. The statements made by Defendant were false and damaging to the good
reputation of Continental.
Facebook and on signs in order for third-party individuals to see the statements.
36. Defendant failed to exercise reasonable care and/or acted with malice when he
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37. As a result of Defendant's publishing of the false statements, Continental has
been damaged.
WHEREFORE, Plaintiff Continental Design Co., Inc., requests that the Court enter
judgment in its favor and against Defendant Paul Wysong, in an amount Continental will prove,
plus pre-judgment interest, costs, and all other just and proper relief.
Count 4
BREACH OF FIDUCIARY DUTY
38. Continental incorporates the preceding paragraphs as if fully set forth herein.
39. At all times relevant to this dispute, Defendant was an executive of Continental
41. Defendant breached this fiduciary duty by failing to take reasonable care when he:
1) informed a third-party individual why a former employee was fired; 2) provided inadequate
and/or incomplete paperwork causing major delays in payments from customers; and 3) failed to
obtain proper paperwork and process orders for jobs causing Continental to incur large account
42. As a direct result of Defendant's breach of his fiduciary duty, Continental has
been damaged.
WHEREFORE, Plaintiff Continental Design Co., Inc., requests that the Court enter
judgment against Defendant Paul Wysong, for such damages as the Court may determine are
appropriate given his breach of fiduciary duty to Continental and for such other relief as is
7
Count 5
NEGLIGENCE
43. Continental incorporates the preceding paragraphs as if fully set forth herein.
44. Defendant had a duty to take reasonable care to ensure he did not put Continental
45. Defendant breached his duty to take reasonable care and was negligent when he:
1) informed a third-party individual why a former employee was fired; 2) provided inadequate
and/or incomplete paperwork causing major delays in payments from customers; and 3) failed to
obtain proper paperwork and process orders for jobs causing Continental to have large account
receivables that have gone uncollectable, which at the time Defendant should have foreseen that
Continental.
WHEREFORE, Plaintiff Continental Design Co., Inc., requests that the Court enter
judgment in its favor and against Defendant Paul Wysong, in an amount Continental will prove,
plus pre-judgment interest, costs, and all other just and proper relief.
Count 6
UNJUST ENRICHMENT
47. Continental incorporates the preceding paragraphs as if fully set forth herein.
48. There was an understanding between Continental and Defendant that any advance
commissions paid on account receivables that have gone uncollected would be paid back by
Defendant to Continental.
8
49. Defendant acknowledged, accepted and benefited from the advance commissions
provided by Continental.
51. Because Continental's damages are ascertainable in accordance with fixed rules
of evidence and known standards of value, and there has been an unreasonable delay in payment
WHEREFORE, Plaintiff Continental Design Co., Inc., requests that the Court enter
judgment in its favor and against Defendant Paul Wysong, in an amount Continental will prove,
plus pre-judgment interest, costs, and all other just and proper relief.
Count 7
CONVERSION
52. Continental incorporates the preceding paragraphs as if fully set forth herein.
WHEREFORE, Plaintiff Continental Design Co., Inc. requests that the Court enter a
judgment in its favor and against Defendant Paul Wysong, in an amount to be proven at trial,
Count 8
CRIMINAL MISCHIEF
54. Continental incorporates the preceding paragraphs as if fully set forth herein.
9
WHEREFORE, Plaintiff Continental Design Co., Inc. requests that the Court enter a
judgment in its favor and against Defendant Paul Wysong, in an amount to be proven at trial,
Count 9
CRIME VICTIMS RELIEF ACT
56. Continental incorporates the preceding paragraphs as if fully set forth herein.
57. Under the Indiana Crime Victims Relief Act (Ind. Code 34-24-3-1), Continental
is entitled to recover an amount not to exceed three times its actual damages, costs of the action,
WHEREFORE, Plaintiff Continental Design Co., Inc. requests that the Court enter a
judgment in its favor and against Defendant Paul Wysong, in an amount to be proven at trial,
plus treble damages, expenses, prejudgment interest, reasonable attorneys' fees, costs, and all
Count 10
PUNITIVE DAMAGES
58. Continental incorporates the preceding paragraphs as if fully set forth herein.
59. In committing criminal mischief and libel, Defendant acted with malice, fraud,
gross negligence or oppressiveness which was not the result of a mistake of law, honest error of
judgment, overzealousness, mere negligence, or other human failing and, as such, Continental is
WHEREFORE, Plaintiff Continental Design Co., Inc., requests that the Court enter
judgment in its favor and against Defendant Paul Wysong for punitive damages in an amount to
10
Count 11
REQUEST FOR TURNOVER
60. Continental incorporates the preceding paragraphs as if fully set forth herein.
63. As such, Continental requests that Defendant or any person in possession of the
Defendant Paul Wysong be ordered and directed to turn over the Property to Continental.
Count 12
APPLICATION FOR PRELIMINARY INJUNCTION
64. Continental incorporates the preceding paragraphs as if fully set forth herein.
65. Continental requests that this Court enter a preliminary injunction to prevent
further irreparable harm to Continental pending final resolution of this lawsuit. Continental asks
that the Court enjoin Defendant from (a) publishing defaming information about Continental; (b)
picketing or causing individuals to picket in front of Continental's business with signs that
contain published defaming information; and (c) destroying any and all Continental Property that
66. Continental has shown a right of recovery and a likelihood of success on the
merits.
67. Continental will suffer irreparable harm without Court intervention and there is no
68. The threatened injury to Continental outweighs any possible harm to Defendant.
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69. Public interest is served by an injunction because it will ensure that false
Requested Relief
WHEREFORE, Continental Design Co., Inc. respectfully requests the following relief:
defaming information; and (c) destroying any and all Continental property that
3. An Order awarding Continental its damages, including its costs, treble and
punitive damages, attorneys' fees related to this action, and all other and further
12
VERFICIATION
I, Judy Nagengast, swear or affirm under the penalties of perjury that the factual
statements in this Verified Complaint for Damages are true and accurate to the best of my
Dated: 1/31/7017
Respectfully submitted,
/
Antho 41119P, Atty. No. 32127-49
Mitchell A. Greene, Atty. No. 33782-49
Attorneys for Continental Design Co., Inc.
13
Filed: 1/31/2017 1:30:46 PM
48C01-1701-CC-000185 Darlene Likens
Madison Circuit Court 1 Clerk
Madison County, Indiana
CONTINENTAL Inc
EMPLOYEE AGREEMENT
CONTINENTAL Inc, located at 1524 Jackson St, Anderson, IN 46016 in Madison County,
hereby employs Paul Wysong, herein referred to as employee, to serve and perform such duties at
such times and places and in such manner as Continental Inc. may from time to time direct.
Employee agrees to faithfully perform the duties assigned to him to the best of his ability, to
devote his full and undivided time to the transaction of the company's business, to make to
company prompt, complete and accurate reports of his work and expenses, and to promptly remit
to company all monies of company collected by his or coining in to his possession.
In consideration of such service, company agrees to pay employee compensation at the rate of
Eighty thousand dollars and 00/100 ($80,000.00) yearly. This will be paid at an hourly rate of
Thirty eight dollars and 47/100 ($38.47) per hour.
-
The parties acknowledge that at the termination of this agreement, by either party and in any
manner, the payment to employee of wages earned to the date of such termination shall be in full
satisfaction of all claims against company under this agreement.
Changes or additions to this agreement will be in the form of an addendum attached to this
contract and signed by both parties. The undersigned acknowledges that no other agreements in
the form of wages, raises, employment conditions, training, etc. have been made either in writing
or verbally other than what is in this contract or in an attached addendum.
IN WITNESS WHEREOF, the parties have executed this agreement at Continental Inc on the -
0/(i day of , 2013.
Employee
DA-O
Difetor of 1-111all es urces
EXHIBIT A
CONTINENTAL DESIGN COMPANY
ITEM 1. VACATION PAY -- Employee is eligible for 3 week vacation upon employment,
Vacation must he taken to be to be paid. Any unused vacation will be forfeited at
employee's anniversary.
ITEM 2. HOLIDAYS - There are 6 paid holidays during the calendar year. These
holidays are paid if they are worked or not. If you decide to work
on the holiday, you will be paid for any time you do work, as well as for
the 8 hours of holiday pay. These holidays are as follows:
NOTE: The above are our only paid holidays. We do not pay, for example, for
the Friday after Thanksgiving even though our client is closed. You would only
be paid for that Friday if you had been approved to work.
ITEM 3. PERSONAL DAYS Employee will be allowed two paid personal day after 1
year of service. These days are non-cumulative and must be used by employee's
employment anniversary. They are not paid unless used.
If, upon employment, you have chosen to opt out of our Health Insurance
Coverage, your Base hourly pay has been adjusted to allow for this. If, in the
future, you elect Health Insurance Coverage through the Continental Design &
Engineering Group Policy, your base hourly pay may be reduced accordingly.
ITEM 5. PAY AND RAISES - The following rates have been determined for the purpose
of this contract:
NOTE: Your first paycheck will be issued the first Friday after completion
of the workweek. The workweek ends on Sunday.
IN WITNESS WHEREOF, the parties have executed this agreement and it is understood that no
other agreements except those stated in this document and the "CONTINENTAL INC
EMPLOYEE AGREEMENT" exist and this agreement is executed at Continental Inc. on the
day of , 2013.
Employee
Direr44u.1* esources
Filed: 1/31/2017 1:30:46 PM
48C01-1701-CC-000185 Darlene Likens
Madison Circuit Court 1 Clerk
Madison County, Indiana
My employer, Continental Design & Engineering, has contracted with different customers to
provide services and/or furnish personnel to provide services for their companies. In
consideration of my assignment by my employer to perform such services for said customer, and
of the compensation paid for my services, I assign Continental Design and/or their customer all
rights, title and interest in and to all patents, trademarks, service marks, mask works and
copyrights to the following intellectual property that I conceive, make, invent, create or suggest
during my assignment:
Writings, designs, inventions and work relating to any matter or thing including processes and
methods of manufacture and software, that are connected with my work for Continental Design
or that are related to the business of Continental Design or its subsidiaries, as such business
exists or is anticipated at the time the rights come into existence.
Such writings, designs, inventions and works are the absolute property of Continental Design.
I will promptly disclose such writings, designs, inventions and works to Continental Design.
I will execute all lawful papers that Continental Design considers necessary or helpful (I) in the
prosecution of patent, trademark, service mark, mask work and copyright applications on such
writings, designs, inventions, and works, or (ii) in the conduct of any interference, litigation or
other controversy in connection with such writings, designs, inventions and works.
All expenses incident to the filing and prosecution of such applications and the conduct of any
such interference, litigation, or other controversy will be borne by Continental Design.
I will not reveal any information concerning writings, designs, inventions, works, proprietary
information, trade secrets and other confidential matters, developed or obtained as a result of my
assignment, to any person unless approved by a duly authorized Continental official.
(witness)
EXHIBIT B
Continental Design & Engineering Employee Non-Compete Agreement
The term "not compete" as used herein shall mean that the employee shall not
solicit customers or employees of Continental Design & Engineering or Personnel
Recruiters & Consultants.
The employee acknowledges that the company shall or may in reliance of this
agreement provide employee access to trade secrets, customers and other confidential
data and good will. Employee agrees to retain said information as confidential and not to
use said information on his or her own behalf or disclose same to any third party. The
employee shall not disclose, divulge, discuss, copy or otherwise use or suffer to be used
in any manner in competition with, or contrary to the interest of the company, the
marketing plans or strategies, inventions, ideas, discoveries, product research or
engineering data, if any, or other trade secrets, pertaining to the business of the company;
it being acknowledged that all such information is confidential and the exclusive property
of the company.
This non-compete agreement shall be in full force and effect from commencement
of employment and the period following the date of employment termination specified
above.
This agreement shall be binding upon and insure to the benefit of the parties, their
successors, assigns, and personal representatives.
----
i
Signed this 1 day of ( JO I 11 2013.
ein.LA:2.1612-3 'Cjik_.
Employee
Filed: 1/31/2017 1:30:46 PM
48C01-1701-CC-000185 Darlene Likens
Clerk
Madison Circuit Court 1
Madison County, Indiana
2. I am aware that, in my employment with Continental Design, from time to time, I may
gain personal knowledge of other persons who are employed by Continental Design or
persons or other entities who are customers of Continental Design.
4. Said information is not to be disclosed to anyone without a duly executed release being
received from the person or customer about whom the information is sought or upon
Court order that the same be disclosed.
5. I further pledge and covenant to keep confidential any and all information concerning
Continental Design or its principals, which information I may obtain in my employment
with Continental Design, which would include but not necessarily be limited to its
customer list, its trade secrets, and its finances.
6. I realize that any unauthorized disclosure of any information, which I may obtain in the
conduct of my employment with Continental Design, about Continental Design, its
customers or other employees of Continental is a violation of my oath of confidentiality
and would subject me to termination of my employment with Continental Design and
could result in the institution of legal proceedings for damages occasioned by my breach
of this Affidavit and Oath of Confidentialit
Dated:
signature
(..)..)1./1Q3-1, 6:)
typed/printed name
State of Indiana
SS:
County of
Before me, a Notary Public in and for said County and State, personally appeared
on , 20 and, being duly sworn by me upon
h oath, executed the foregoing document as
h free and voluntary act.
, Notary Public, a
resident of County
My commission expires:
EXHIBIT C
Filed: 1/31/2017 1:30:46 PM
48C01-1701-CC-000185 Darlene Likens
Clerk
Madison Circuit Court 1
Madison County, Indiana
twha ley@continento' x Matthew Wdharns - x sales engineering "I, X hueme@confinental (2) Continental Inc. x Obituary of Bnttney
2 iCIMS 16.4 - Conti!),
Reviews
Check-ins Paul Wysong reviewed Continental, Inc.
3 mins */#
Mentions
Shares (1) What I find most interesting about the reviews below is the fact that Jeff Rhodes is the Director of
Marketing for Continental Inc.. Craven Work is a fake page. Jim Crockett works as a recruiter. Bianca
Requests Furst is employed within HR. Jack Russell worked in recruiting and Tennille Whaley is also a recruiter. All
these people are employees of Continental Inc. leaving reviews as if they were actual customers or
people whom used their services. The ONLY real review on here is this one and the below review left by
Invite Friends to Like This Page
Rob Bainter
nvite your friends to like Continental, Inc.
If you want to work for a scientology based company then this is the place for you! Check out "wise .
org/en_US/1-ron-hubband/results/pg001. html#nagen" and scroll down to Continental's CEO, Judy
Matt Petty Invite Nagengast. as from the very first IQ test they have you take to every CSW and Dangerous Situation
Report they have you fill out, it's all a slow religious coercion plan to get you to practice and possibly
convert over to their scientology beliefs.
Judy Maurer Invite
When and IF you get any of your agreed to bonus payments. it's only after accounting (whom has no
accounting degree) manipulates the numbers until your bonus is just a fraction of what you're actually
Greg Caine Invite owed yet nobody can explain where the missing tens-of-thousands of dollars have gone in the mean
time.
Do yourself your soul and your family a favor and just find other employment!
Emily Whaley Invite
EXHIBIT E
Filed: 1/31/2017 1:30:46 PM
48C01-1701-CC-000185 Darlene Likens
Clerk
Madison Circuit Court 1 unty, Indiana