34 results for 'cat:"Employment" AND cat:"Fraud"'.
Per curiam, the circuit finds the district court properly dismissed a doctor's defamation, fraud and age discrimination claims. Utilizing the medical personnel placement service, says he was not selected for a position for which he was referred because of his age. The service did not fail to refer him for employment and the employer did not hire him due to a lack of specific federal experience. The employer's statement the doctor was "difficult to reach" is not defamatory and the record does not support his claims of fraud. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 1, 2024, Case #: 23-11066, Categories: fraud, Defamation, employment Discrimination
Per curiam, the appellate division finds that the lower court improperly granted the company's motion to dismiss fraud claims arising out of a crooked former financial controller's passing of fraudulent checks. The claim is timely under the six-year statute of limitations only to the extent based on checks drown after July 10, 2012. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02257, Categories: employment, fraud
J. Erickson finds a lower court improperly calculated a defendant's restitution order after he pleaded guilty to wire fraud. The government argued that the amount of restitution imposed on the former bookkeeping employee was reasonable based on his theft of company checks and his attempt to double his income by stealing from his employer. However, the defendant sufficiently showed in court that he sold his shares in the company to offset the amount of the loss, which entitled him to a reduction by $50,000. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 3, 2024, Case #: 23-2173, Categories: fraud, Restitution, employment
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J. Morrison finds that an executive employee of a financial services company was improperly terminated because the employee’s contract called for a 90-day notice to terminate without good cause, or a 10-day cure period to terminate with good cause, and the employee received neither. The employee also entered a claim of fraudulent inducement related to a contract that he was told was identical to a previous contract but after signing, discovered that it included a new shareholder agreement. The judge found that this did not constitute fraud because the employee could have more closely examined the document.
Court: USDC Southern District of Ohio, Judge: Litkovvitz, Filed On: March 21, 2024, Case #: 2:21cv5837, NOS: Other Contract - Contract, Categories: employment, fraud, Preemption
J. Bell partially denies multiple aerospace manufacturing firms and individuals’ motion to dismiss allegations of fraud, negligence and wrongful termination brought by a former CEO of one of the firms. The CEO heard through other staff that one firm, which had acquired his, had no intentions to continue investing in his, although they blatantly misrepresented this fact to other firms and investors. When the CEO remained silent instead of defending the misrepresentations, the company fired him.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 20, 2024, Case #: 3:23cv203, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Negligence, employment Retaliation
J. Arnold finds a lower court properly dismissed a former employee's race discrimination claims. The former employee, an attendance ambassador," argued that the school terminated his role because he is Black. However, the public school district presented sufficient evidence in court that he engaged in attendance fraud.
Court: 8th Circuit, Judge: Arnold, Filed On: February 12, 2024, Case #: 23-2182, Categories: employment, fraud, employment Discrimination
J. Walker grants in part the motion to dismiss filed by an employer and its membership interest holders — one individual and one company — against a class action brought by a former employee alleging wage violations, fraud and unjust enrichment. Despite her membership interests, the individual membership interest holder is not an employer of the employee and did not have significant control over the employer’s day-to-day operations, whereas the company membership interest holder has more control over the day-to-day operations of the employer.
Court: USDC Maine, Judge: Walker, Filed On: February 7, 2024, Case #: 2:22cv425, NOS: Fair Labor Standards Act - Labor, Categories: employment, fraud, Jurisdiction
J. Fallon finds for the insurance company of a bankrupt New Orleans-based genetic testing laboratory whose principals were barred from participation in any federal health care program for 25 years after they admitted to a fraudulent kickback scheme. The insurer for the failed laboratories is not required to pay state judgments in favor of two former employees in an employment compensation dispute totaling $3.2 million. The breach of contract exclusions contained in provisions of the bankrupt laboratories apply to the ex-employees' claims.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: January 29, 2024, Case #: 2:22cv5410, NOS: Insurance - Contract, Categories: Bankruptcy, employment, fraud
J. Whipple finds a lower court properly dismissed an Indian national's bid to remain in the U.K. The native of India, who works as a self- employed consultant, argued that he is entitled to reside in the U.K. for the sake of his "private life." However, the Secretary of State for the Home Department presented sufficient evidence in court that he ran a sham technology company. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Whipple, Filed On: November 6, 2023, Case #: CA-2022-894, Categories: employment, fraud, Immigration
J. Stinnett finds for a medical practice in breach of employment contract claims, as while the medical practice made false statements regarding the contract, the employee was privy to contradictory information. However, other fraudulent misrepresentation and contract claims may continue because evidence remains in dispute as to whether fraud occurred while forming the contractual relationship.
Court: USDC Eastern District of Kentucky, Judge: Stinnett, Filed On: November 2, 2023, Case #: 5:21cv7, NOS: Other Contract - Contract, Categories: employment, fraud, Contract
Per curiam, the appellate division finds that the lower court properly found for the employer against a former employee convicted of securities fraud who sought unpaid distributions that were part of his compensation package. The company was entitled to argue that the employee's fraud relating to one of its largest investments should deprive him of any compensation for his services as portfolio manager. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 2, 2023, Case #: 05551, Categories: employment, fraud
J. McHugh finds that the lower court improperly denied class certification to a class of women who, as minors, were sent to a residential treatment center that they allege forced them into required labor and gave them "primitive" living conditions as part of their treatment. The lower court denied class certification on the grounds of not meeting the commonality, typicality, and predominance requirements, but the lower court used the incorrect legal standard in reviewing all three of those elements. The lower court also failed to discuss certain elements of its findings, such as why some factual differences defeated the typicality requirements. Further proceedings are needed as a result. Reversed.
Court: 10th Circuit, Judge: McHugh, Filed On: October 31, 2023, Case #: 22-8080, Categories: employment, fraud, Class Action
J. Boulware grants the female romantic partner’s motion for default judgment in this fraudulent misrepresentation case arising from the male partner’s unwillingness to commit more time to the relationship. When the male partner expressed concern about losing money from not working, he stated he would hire the woman to work for his company. She then allegedly agreed to travel from Nevada to Dubai to meet the man at his request. No such employment existed, and the female has submitted credible evidence as to the items that the jewelry appraiser could use in his appraisal of gifts she received. Other evidence proves that there was a loss of income due to the female partner’s travels.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:14cv979, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, fraud, Contract
J. Steele grants an employer's motion to dismiss for failure to state a claim. The Boston Red Sox terminated the employment of an employee after she filed for an exemption to the company’s Covid-19 vaccination policy. The employer claims that on a prior survey the employee indicated she was vaccinated. The employee claims the employer manipulated the electronic survey and refused to correct it as she requested, invaded her privacy, and disclosed her vaccination status to a third party. The employee fails to adequately support her claims therefore they are dismissed without prejudice.
Court: USDC Middle District of Florida, Judge: Steele, Filed On: September 29, 2023, Case #: 2:23cv68, NOS: Employment - Civil Rights, Categories: employment, fraud, Covid-19
J. Owens finds that the lower court properly denied a protective order requested by a bank regarding an underlying employment and fraud dispute. Those bringing the suit sought to depose three executives with the bank, and the bank moved for a protective order against the depositions. The lower court, however, rightfully denied the request. The bank's arguments that the "apex doctrine" shielded them are without merit, as it is not a doctrine that has been adopted by a single court in the entire state. It also unfairly shifts the burden of proof during discovery proceedings and undermines court access rights. Affirmed.
Court: Washington Supreme Court, Judge: Owens, Filed On: September 14, 2023, Case #: 100717-5, Categories: employment, fraud, Discovery
J. Williams denies, in part, the employer's motion for summary judgment, ruling that although the terms of the executive's bonus were not included in the offer sheet, a reasonable jury could infer the terms were part of the employment agreement based on deposition testimony the bonus was removed to avoid angering other high-level employees. Additionally, this evidence is sufficient to support the executive's fraud claim at this stage of proceedings because he was guaranteed a bonus based on the performance of the company as a whole.
Court: USDC Connecticut, Judge: Williams, Filed On: September 8, 2023, Case #: 3:19cv1910, NOS: Other Contract - Contract, Categories: employment, fraud, Contract
J. Baxter dismisses claims seeking unpaid wages in the form of a bonus because the employee was fired on December 15, 2021, and the incentive was conditioned on his employment status through the end of the year.
Court: USDC Western District of Pennsylvania, Judge: Baxter, Filed On: August 28, 2023, Case #: 1:22cv206, NOS: Other Contract - Contract, Categories: employment, fraud, Contract
J. Kirsch finds that the lower court properly dismissed the employee's claim that the company fraudulently induced her to join the company by making false assurances about its financial outlook and her prospects for career advancement. The court acted within its discretion to deny the employee's request to amend her complaint to add new claims. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 8, 2023, Case #: 22-1214, Categories: employment, fraud
J. Immergut dismisses the former assistant facilities manager's fraud claim alleging that the environmental consultant wrongfully fired him after violating their employment contract, which stipulated that the manager could work remotely during the Covid-19 pandemic. The former manager does not sufficiently allege that the supervisor knew that her representation regarding remote employment was false.
Court: USDC Oregon, Judge: Immergut, Filed On: August 3, 2023, Case #: 3:22cv992, NOS: Other Fraud - Torts - Personal Property, Categories: employment, fraud, Covid-19
J. Pitman declines to a former worker’s motion to reconsider a convoluted case in which she sued her former employer for alleged wrongful termination and other claims and her former employer in turn sued her for allegedly violating the terms of her employment contract, including by allegedly breaching a non-disclosure agreement. While the worker makes a somewhat “convincing” argument that a finding of wrongful termination could “void” this second case brought against her, she has “waived” this argument by waiting too long into this process to make it.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: July 27, 2023, Case #: 1:23cv627, NOS: Other Statutory Actions - Other Suits, Categories: employment, fraud, Contract
J. Xinis grants a legal practice its motion to dismiss an amended complaint brought by a former CVS employee who sued the store for civil rights violations, then sued the practice for various allegations after it declined to continue representing him. Although the employee had been awarded $125,000 in compensatory damages from CVS, the practice stopped representing him after that. He claims legal malpractice and fraud. The attorneys’ competence, although apparently not up to snuff for the employee, and its decision to withdraw does not demonstrate malpractice or fraud.
Court: USDC Maryland, Judge: Xinis, Filed On: July 20, 2023, Case #: 8:22cv1470, NOS: Other Civil Rights - Civil Rights, Categories: fraud, Legal Malpractice, employment Discrimination