306 results for 'cat:"Employment" AND cat:"Contract"'.
Vice Chancellor Will grants an employee summary judgment in claims seeking to invalidate his removal as manager of several LLCs because certain term sheet payments were not made to him before removal, and he cannot be removed as manager while he remains an employee.
Court: Delaware Chancery Court, Judge: Will, Filed On: April 12, 2024, Case #: 2023-0948-LWW, Categories: employment, contract
J. Fridy finds that the lower court improperly granted the employers' motion for summary judgment in this breach of contract lawsuit brought by a nurse practitioner whose employment was allegedly terminated before her contract had expired. There are issues of fact precluding summary judgment on the nurse practitioner's contract claim, specifically as to whether or not she was entitled to 60 days' written notice of her termination. The order was appropriate, however, as to her conversion claim. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: April 12, 2024, Case #: CL-2023-0666, Categories: employment, Conversion, contract
J. Reynolds Fitzgerald finds that the lower court properly found for a medical group in a cardiologist's breach of contract claims because the employment agreement contained a "termination for convenience" provision that permitted firing for no reason as long as six months' pay was provided. That he was not permitted to see patients during that six months did not violate the contract. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: April 11, 2024, Case #: CV-23-0988, Categories: employment, contract
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J. Hardwick finds that the lower court properly issued the employer an injunction enforcing a noncompete clause in a doctor's employment agreement preventing him from practicing radiology within a 25-mile radius for two years after leaving the practice. The practice has a legitimate protectable interest in its patient and referral base, even if radiologists rarely have contact with patients, because it relies heavily on the relationships its radiologists have cultivated with referring physicians. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 9, 2024, Case #: WD86589, Categories: employment, contract
J. Bumb dismisses claims contending a wealth manager failed to pay a temporary employee for corporate branding and marketing services because the employee failed to demonstrate the wealth manager's Delaware-based activities purposefully targeted New Jersey or that the wealth manager knew the employee resided in that state at the time of his alleged contract.
Court: USDC New Jersey, Judge: Bumb , Filed On: April 9, 2024, Case #: 1:23cv4352, NOS: Other Contract - Contract, Categories: employment, Jurisdiction, contract
J. Albrecht finds that the lower court improperly found for the brokerage firm in a dispute over commissions it failed to pay to two real estate brokers. The brokers earned their commission when they procured fully executed contracts, all of which were "during the term" of their employment agreement. Reversed.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: April 9, 2024, Case #: 220405, Categories: employment, contract
J. Wilkin finds the trial court erroneously granted the employer's motion for summary judgment on the contract claim filed by the superintendent. Language in his contract requires he be paid accrued sick leave at the time of his retirement. However, there is limiting language in the contract that caps the payout at 30 days, and so the case will be remanded to allow the court to determine the proper amount of compensation. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: April 8, 2024, Case #: 2024-Ohio-1434, Categories: employment, contract
J. Chou finds that the trial court properly faulted an employer for breaching an employment contract's stock option provision. But the $4.3 million damages award was miscalculated since it measured the employee's damages from the date of the breach without factoring in what the parties "reasonably contemplated" when forming their contract. The calculation offered by the employee's expert properly measured the damages on the date a lock-up period ended and the employee was free to sell, so the damages award must be increased by $2.3 million. Reversed in part.
Court: California Courts Of Appeal, Judge: Chou, Filed On: April 8, 2024, Case #: A165372, Categories: employment, Damages, contract
J. Atkins finds that the Civil Service Commission properly determined that a sewerage board employee was never made a permanent employee. In this case, the employee never met the minimum qualifications for the Utility Human Resources Administrator position. The employee's transfer to transient status was effective and occurred prior to the end of his working test period. The transfer to transient status was actually designed to benefit the employee by allowing him to stay in his position, and the transfer and gave him an additional year and a half in his position and extra time to try to obtain professional certification. Since the employee never finished his working test period to become a permanent employee, he had no right to a general disciplinary appeal. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: April 5, 2024, Case #: 2023-CA-0531, Categories: employment, contract
[Consolidated.] Per curiam, the circuit finds on remand that the district court improperly dismissed contract claims brought by high-ranking employees who had been fired from their jobs with a big city school district because the women's internship certificates had been discounted as meeting professional requirements for leadership roles under their employment agreements, even when state education overseers opined that the certificates rendered them qualified, raising questions of fact better left to trial.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 4, 2024, Case #: 22-2810, Categories: Education, employment, contract
J. Fitzgerald finds that the trial court erred in issuing a preliminary injunction that bars the former employee from competing with his former company. The noncompetition provision is not valid since it is ambiguous and overly broad. Also, the former employer failed to prove the "existence of legally protectable trade secrets and proprietary information." Reversed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: April 3, 2024, Case #: CA-23-615, Categories: employment, contract, Injunction
J. Dysart finds that the trial court properly determined that a store was not vicariously liable for an employee's actions in an altercation with a customer. In this case, the customer and the employee knew each other because the customer was the current husband of the employee's ex-wife. The surveillance video shows that both parties were willing participants in the fight, with the customer shoving the employee and the employee hitting the customer with bolt cutters. The evidence shows that the altercation was not rooted in the employee's employment and was personal in nature. Further, given the actions of the parties, the jury properly determined that the customer was 35 percent at fault and the employee was 65 percent at fault. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-CA-0482, Categories: employment, contract
J. Talwani grants an employee’s cross-motion for summary judgment against her former employers, who are suing her for allegedly breaching non-compete, confidentiality and other agreements she made with them. The parties are under Chinese law, under which only senior personnel are bound by non-compete agreements.
Court: USDC Massachusetts, Judge: Talwani, Filed On: March 31, 2024, Case #: 1:20cv11711, NOS: Other Contract - Contract, Categories: employment, Unfair Competition, contract
J. Tinsley grants the power management company's motion for judgment on the pleadings and motion to strike the former employee's first amended complaint of breach of contract for when the company terminated this employment for his alleged refusal to lie, and defamation when the company filed a police report accusing him of absconding with a company-issued laptop. Both the breach of contract and wrongful termination claims the former employee made in his original complaint and one for promissory estoppel he substituted in his first amended complaint are futile since he put a misplaced reliance on the company's code of conduct as "an express or definite promise to alter the at-will employment relationship."
Court: USDC Southern District of West Virginia, Judge: Tinsley, Filed On: March 29, 2024, Case #: 2:22cv567, NOS: Employment - Civil Rights, Categories: employment, Defamation, contract
J. Milkey concludes that an independent contractor, who feels he should have been classified as an employee and given employee benefits, does not have standing for his claim because he provided his services to the company that hired him through two intermediaries. The contractor is unable to demonstrate an error when the jury instructions on standing are viewed in conjunction with the verdict slip.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: March 28, 2024, Case #: 23-P-183, Categories: employment, Jury, contract
J. Hanks finds that neither claimant in a transportation dispute involving produce loads delivered crushed or at the incorrect temperature has met requirements to recover damages. The transporter of the produce claimed that defendant had discriminated against him based on his race and interfered with another contract after the damaged produce incident, but the discrimination claims are insufficient, and the transporter has not provided verification of the contract. The supplier claims damages from lost produce loads but fails to prove that the damaged produce was the result of the transporter’s negligence.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:20cv4236, NOS: Employment - Civil Rights, Categories: employment, Interference With contract, employment Discrimination
J. Dale grants an employee's motion for attorney fees regarding allegations that his employer breached his head coach agreement by firing him as the head wrestling coach without cause. A jury found in favor of the employee. As the prevailing party, the employee is awarded $911,643 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 28, 2024, Case #: 1:20cv380, NOS: Other Contract - Contract, Categories: employment, Attorney Fees, contract
J. Stabile finds that the lower court improperly resolved a question of fact in this arbitration dispute wherein a teacher alleges a recruiter she hired to get her a new teaching position induced her to quit her job for a new one that never materialized. The complaint established the existence of additional contract terms that must be considered to determine the nature of the relationship between the parties. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: March 28, 2024, Case #: J-A24010-23, Categories: Arbitration, employment, contract
J. Heil adopts the recommendation of the magistrate judge and enters default judgment in favor of the plaintiff company based on the alleged "destruction of evidence" in this lawsuit against a former employee. The employee argues that "sanctions are not warranted" due to a lack of prejudice to the company, but the court disagrees, finding that the company can no longer examine the deleted materials. The matter is returned to the magistrate judge to determine damages and fees.
Court: USDC Northern District of Oklahoma , Judge: Heil, Filed On: March 27, 2024, Case #: 4:22cv525, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: employment, Sanctions, contract