306 results for 'cat:"Employment" AND cat:"Contract"'.
J. Wolson denies an auto company’s motion for summary judgment against a contractor hired to transport a pickup truck who was injured when the truck, which had mechanical problems, rolled over his legs. A reasonable jury could find that the contractor operated under the assumption that the truck’s transmission would hold it in place because the company negligently failed to tell him the truck was inoperable.
Court: USDC Eastern District of Pennsylvania, Judge: Wolson, Filed On: May 15, 2024, Case #: 2:23cv2350, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, Tort, contract
J. Korman enters judgment in favor of a former chief operating officer on her breach of contract claim, finding her employer breached her employment contract by failing to pay her full salary as well as a $280,000 bonus. However, the court grants judgment to the employer on her state labor law claims for unpaid minimum wages, finding she is exempt from the law’s minimum wage provisions because she is a high-level professional.
Court: USDC Eastern District of New York, Judge: Korman, Filed On: May 13, 2024, Case #: 1:21cv473, NOS: Fair Labor Standards Act - Labor, Categories: employment, contract, Labor
J. Love finds that the trial court should not have denied a public university's motion for summary judgment on a professor's claim for unpaid wages because the university is not a proper defendant, and it may be sued through the proper defendant, which is its Board. However, the university administrators do not have immunity because there are genuine issues of material fact that they acted fraudulently, intentionally, or willfully to misrepresent to the professor that his base salary would remain at $145,000. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 13, 2024, Case #: 2023-CA-0798, Categories: employment, contract
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J. Griesbach grants summary judgment to the employees in their lawsuit against their bosses at the phone and wireless service vendor claiming unpaid wages and bonuses. The employees have shown they were not paid their full salaries, bonuses and minimum wage for their work as sales associates and that the bosses are personally liable for the breaches, so one of the employees is granted a judgment of $10,094; the second employee is granted a judgment of $16,692; and the third is granted a judgment of $17,600.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: May 10, 2024, Case #: 1:22cv894, NOS: Fair Labor Standards Act - Labor, Categories: employment, contract
J. Penzato finds that the workers' compensation judge properly granted summary judgment in favor of the festival company in a jouster's claim for benefits for injuries sustained while performing at a renaissance festival when he was knocked off his horse. The jouster was exempted from workers' compensation coverage since he was "rendering services pursuant to a performance contract." Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: May 9, 2024, Case #: 2023CA1003, Categories: employment, contract, Workers' Compensation
J. Wood finds the county court improperly dismissed the school football coach's Teacher Fair Dismissal Act claims. The court dismissed the claims with prejudice, finding they were precluded by the coach's failure to “administratively appeal” the district's decision to terminate. A cited case involved a teacher’s contract being changed for a subsequent school year. In this case, the district terminated the contract midway through the year, resulting in financial consequences during that same year. The court erroneously found the coach's signing of the subsequent year's contract precluded his recovery for the midyear termination under the act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 8, 2024, Case #: CV-22-592, Categories: Education, employment, contract
J. Badding finds that a company was properly awarded liquidated damages after an employee sent herself the company's client list to her private email account before ending her professional relationship because the employee failed to present evidence that actual damages stemming from the breach would have been less than the stipulated amount of liquidated damages. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: May 8, 2024, Case #: 23-0796, Categories: employment, Damages, contract
J. Loken finds a lower court partly granted two oil field project managers' motion for declaratory judgment concerning underpayment at the hands of a field services company. The oil field project managers argued that the field service company failed to properly compensate them. However, the field service company sufficiently showed in court that it overpaid them profits of upwards of $10,000. Reversed in part.
Court: 8th Circuit, Judge: Loken, Filed On: April 30, 2024, Case #: 22-3115, Categories: employment, contract
J. Reiss grants the bank’s motion to stay the action and refer to arbitration in this employment agreement dispute brought by a former executive president who says his assets had been converted. The court found the arbitration clause to be broad as to all disputes related to the employment agreement, and the arbitrator needs to decide the issues of arbitrability.
Court: USDC Vermont, Judge: Reiss, Filed On: April 29, 2024, Case #: 2:23cv274, NOS: Other Contract - Contract, Categories: Arbitration, employment, contract
J. Seabright refuses to dismiss part of a fired employee’s complaint against state deputy attorneys general for informing his Japanese employer about his previous litigation history. One of these attorneys general does not have qualified immunity as there is evidence of the deputy attorney general contacting his former employer. There is also evidence of malice and that she would have known about the employee’s employment contract at the Japanese company. Emotional distress claims are dismissed, however, as the act was not “outrageous.”
Court: USDC Hawaii, Judge: Seabright, Filed On: April 29, 2024, Case #: 1:23cv359, NOS: Other Civil Rights - Civil Rights, Categories: Government, Interference With contract, employment Retaliation
J. Wood partially rules in favor of the employee and the executive in a breach of contract and fiduciary duty action brought by the insurance brokerage firm for violating their employment agreements. The employee's motion for summary judgment is granted as to the firm's claims for breach of non-compete covenant and breach of confidentiality and non-disclosure covenants regarding all clients except one. However, the employee's motion is denied with respect to claims for breach of fiduciary duty, breach of non-solicitation, employee non-interference and confidentiality covenants for information on one client. Genuine issues of fact exist as to whether the employee breached his non-solicitation covenant but undisputed evidence shows that the executive did not breach hers. There is a factual dispute as to whether the executive violated her confidentiality and non-disclosure covenants.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: April 26, 2024, Case #: 4:23cv54, NOS: Other Contract - Contract, Categories: employment, Fiduciary Duty, contract
J. Baker finds that the trial court improperly ruled in a dispute over a non-compete agreement by failing to consider the disservice that would be done to the public by enforcing the agreement on a doctor, which would deprive him from serving patients. The hospital does not possess other doctors practicing the same specialty, and thus the restrictive agreement does nothing but prevent the doctor from practicing in a specific area. Reversed.
Court: Indiana Court Of Appeals, Judge: Baker, Filed On: April 25, 2024, Case #: 23A-PL-2111, Categories: employment, contract
J. Miller finds that the trial court properly concluded that a doctor did not have a right to a hearing before his application for privileges at two hospitals was denied. The doctor had a history of unprofessional behavior at other hospitals and was the subject of a disciplinary order and public reprimand by the state medical board. The hospitals' agreement with the doctor's medical group, which established the eligibility requirements, disallowed staff privileges for doctors with such histories, and the hospitals have quasi-legislative authority to establish the requirements. Affirmed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: April 25, 2024, Case #: A166748, Categories: employment, Due Process, contract
J. Cooper grants the employer's motion for partial summary judgment and denies the employee's motion for summary judgment in a suit alleging that the employee reneged on an obligation to return a bonus when she left her role as the employer's subsidiary's president. The pay schedule provisions of the employee's bonus contract is enforceable, and the employee breached them by failing to return an accelerated payment. The doctrine of unclean hands also does not apply in this case. The employer's request for fees incurred in summary judgment briefing as a sanction for the employee's litigation conduct is denied.
Court: USDC District of Columbia, Judge: Cooper, Filed On: April 23, 2024, Case #: 1:22cv2574, NOS: Insurance - Contract, Categories: employment, Choice Of Law, contract
Per curiam, the appellate division finds that the lower court properly denied the former employee's claim to have a 65% ownership interest in the firm, but also denied the firm's motion to dismiss the claim that she was never given the value of her interest in the firm within 60 days of her resignation. The parties' agreement is ambiguous on the issue of what the employee is to be paid out for there interest in the firm, so this issue must go to a jury. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02133, Categories: employment, contract
J. Urbanski denies the staffing company's motion to dismiss a breach of contract claim as a third-party beneficiary. The system administrator who works as a subcontractor properly alleged that the data center he works at wanted to pay him $45 an hour, but the staffing company only paid him $40 an hour, skimming the extra $5 an hour.
Court: USDC Western District of Virginia, Judge: Urbanski , Filed On: April 19, 2024, Case #: 5:22cv74, Categories: employment, contract
J. Gallagher grants Southwest’s motion to dismiss this employment dispute brought by a former employee alleging breach of contract, hostile work environment, disability and race discrimination, failure to accommodate and violations of the Maryland Healthy Working Families Act. The employee alleges she was terminated for giving a coworker her username and password, as a supervisor suggested, and calling in sick from jail. Southwest alleges the breach of contract claim is preempted by the Railway Labor Act for disputes between rail and airline workers of a collective bargaining agreement. The employee fails to state a plausible claim to her hostile work environment, disability and race discrimination, failure to accommodate and the Maryland law. Therefore, all claims are dismissed without prejudice, except the breach of contract and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Gallagher, Filed On: April 18, 2024, Case #: 1:23cv2980, NOS: Employment - Civil Rights, Categories: employment, Negligence, contract
J. Richardson partially grants the restaurant's motion to compel arbitration of the chef's claims in this lawsuit alleging discrimination, retaliation and a hostile work environment. The chef fails to sufficiently create a question of fact regarding whether he electronically signed the arbitration agreement. Accordingly, the court will enforce the arbitration agreement, though the restaurant is not entitled to attorney fees.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: April 16, 2024, Case #: 3:24cv3, NOS: Employment - Civil Rights, Categories: Arbitration, employment, contract