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  • Writer's pictureDavid Manes

Employer Allegedly Breaches Contract by Failing to Meet Employee’s Base Salary as Written in Contrac


Employee Files Lawsuit against Asplundh Tree Expert Co. for Breach of Contract

Geoffrey received a job offer of supervisor for the railroad division of Asplundh Tree Expert Co. in early November 2016. The role included a base salary of $100k per year as well as a 15% profit sharing program. Also, a non-compete and confidentiality agreement were written into the same contract, requiring that for a year after finishing his employment with Asplundh he would not engage in “any business that is providing vegetation management services” to railroads, transportation, or municipal corporations.

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On November 18, Geoffrey signed the contract. At the beginning of December, he received a letter from Asplundh that confirmed his employment. Geoffrey then worked two years for the company without incident. In January 2018, he resigned from his position.

Soon after, Geoffrey sent Asplundh a letter requesting that he be released from the non-compete in his contract because he’d received a job offer with another company. The new contract was for three years of mechanical cutting and working only with two specific companies. Geoffrey pointed out that his work would not be directly competing with Asplundh since they had failed to win this job in the first place, and he would not be part of contract bidding.

Asplundh refused to release Geoffrey from the contract and threatened to sue him for breach of contract. However, Geoffrey believes that Asplundh failed to uphold their own contract by not paying him base salary for his final year with them. As a client of KM&A, he fights for his rights. KM&A challenges employers who breach employment contracts.

Full text of this complaint, as filed with the Court of Common Pleas, Montgomery County, is available at docket no: 2018-22697

Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.

For more information about this case, contact Attorney Michelle Dempsky at 215-475-3567 or at

NOTICE: All information contained in this statement comes from the Complaint which has been filed as a public record with the court. As dedicated civil rights attorneys, we strongly believe in the public value of telling our clients’ stories: violators can be held accountable, and other silent victims can feel empowered to stand up for their legal rights. Although we make every attempt to verify our clients’ claims, note that the defendant is expected to oppose our client’s position, and the court has not ruled one way or the other as of the date of this statement.

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