Co. Wants Comp. Returned from Employee who Played too Much

May 11, 2006 ( - U.S. Card Partner Services of Newark, Delaware claims former employee, Drew Scopelliti, made too many personal phone calls and played with his iPod too much.

The Wilmington (Delaware) News Journal reports that the company also claims Scopelliti overstated his qualifications to get his job. Scopelliti was fired and the company is demanding he pay back the $90,000 in compensation he earned during his eight months there, plus $210,000 in profits the company claims it lost due to his poor job performance.

The suit claims Scopelliti was hired in December 2004 to be sales director in charge of marketing affinity credit cards to schools, according to The News Journal. The company alleges Scopelliti made false representations that he was qualified for the job and that “if employed in that position he would faithfully perform its duties.”

According to the company, Scopelliti failed to regularly submit paperwork on his marketing efforts and failed to supervise his employees. In addition, the suit said that he “made an inordinate number of personal telephone calls” to his girlfriend and sister, and “spent an inordinate amount of time engaged in personal iPod-related activities.”

U.S. Card accuses Scopelliti of breaching his employment agreement by his poor job performance.

Paul Regan, associate professor at Widener University School of Law, told The News Journal the company might have a shot at getting its $90,000 back under contract law, but the demand for lost revenues seems “problematic” at best.