305 results for 'cat:"Employment" AND cat:"Contract"'.
J. Suttell finds that the trial court improperly granted summary judgment to a firefighter who retired after sustaining a work-related injury because he failed to provide the necessary text of the collective bargaining agreement to demonstrate that the term "monthly net pay” unambiguously supported his position.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: February 16, 2024, Case #: 22-348, Categories: employment, contract, Labor
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Coughenour grants the employee summary judgment on the categorization of the Achievement Based Compensation plan of her class action accusing Xerox of not paying the employee's overtime wages. Xerox disputing the ABC plan's proper categorization does not account for multiple prior court rulings, including those that qualify the employee and others as hourly employees, so the ABC plan cannot be categorized as anything other than hourly pay.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: February 13, 2024, Case #: 2:12cv717, NOS: Other Contract - Contract, Categories: employment, Class Action, contract
J. Cabret finds the superior court properly entered orders dismissing without prejudice and compelling arbitration in the employee's lawsuit in part claiming he was wrongfully fired by the resort company. The employee incorrectly argues that the parties' arbitration agreement only covers "previously asserted claims" and not the claims in his lawsuit. Because the plain language of the agreement clearly includes the employee's claims, and because he has failed to show the agreement is unconscionable, the superior court's orders stand even though it made an error in holding that the agreement is governed by the Federal Arbitration Act. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: February 9, 2024, Case #: 2024 VI 11, Categories: Arbitration, employment, contract
J. Asplin finds a lower court properly ruled in favor of a British railway company employees' contract claims against a pension. The pension trust argued that it properly calculated actuarial valuation for railway employees' benefits. However, the participating employees sufficiently showed in court that present and future benefits are insufficient for retirement. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Asplin, Filed On: February 9, 2024, Case #: CA-2023-241, Categories: employment, Pensions, contract
J. Hagen finds that the trial court properly rejected a doctor's claim that he was entitled to a formal review process before the clinical privileges that came with his employment were withdrawn. A valid release in his employment contract barred any claims about his appointment, clinical privileges or qualifications. Affirmed.
Court: Utah Supreme Court, Judge: Hagen, Filed On: February 8, 2024, Case #: 20220638, Categories: employment, Health Care, contract
J. Usman finds the lower court properly found in favor of an employee in this contract and employment matter. A timeshare cancellation negotiating company terminated an employee for attendance issues, but the employee argued her termination was retaliatory because she invoiced the company for unpaid commissions per her employment contract. A jury agreed with the employee and awarded her damages for breach of contract, unjust enrichment, retaliatory discharge and punitive damages. The employer argued the awards were erroneous and excessive, but the instant court finds no error in the trial court’s determination. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: February 6, 2024, Case #: M2022-00630-COA-R3-CV, Categories: Damages, contract, employment Retaliation
J. Starr denies, in part, a former employee's motion for summary judgment on a motorsports company's trade secrets and other claims. There are questions of fact regarding the company's claims for unfair competition, breach of contract and trade secret misappropriation, among others.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: February 6, 2024, Case #: 3:21cv2180, NOS: Trademark - Property Rights, Categories: employment, Trade Secrets, contract
J. Soud finds the trial court properly entered final judgment against the doctor in his dispute with the clinic over terms of an employment agreement under which he would purchase "membership units" in the clinic. The trial court was within its discretion to determine the clinic prevailed on its claim that the doctor violated terms of his employment by failing to give 10 days' notice of breach of his agreement and 180 days' notice of his resignation, and it also correctly concluded the doctor still owed the more than $300,000 buy-in balance for the purchase of his membership units. Affirmed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: February 2, 2024, Case #: 23-1402, Categories: employment, contract
J. Jackson dismisses a former teacher's contract and due process claims against the district after it failed to rehire him, allegedly in violation of the parties' settlement agreement. The agreement did not contain any obligation the district rehire him, nor has he sufficiently alleged a due process violation.
Court: USDC District of Columbia, Judge: Jackson, Filed On: January 31, 2024, Case #: 1:22cv2137, NOS: Other Civil Rights - Civil Rights, Categories: employment, Due Process, contract
J. Swain dismisses the contract and unfair business practices claims brought against a battery manufacturer by a man who sold his lithium-ion technology business to the manufacturer, then was brought on to oversee it as an employee. He says his division was underserved and poorly integrated, and that he was pressured to resign, then not paid an acceleration payment or severance pay and other things allegedly guaranteed by his employment agreement. Because his resignation was not evidently “mutually agreed” upon, per the contract, he is not entitled to relief.
Court: USDC Southern District of New York, Judge: Swain, Filed On: January 31, 2024, Case #: 1:22cv1893, NOS: Other Contract - Contract, Categories: employment, Business Practices, contract
J. Humetewa grants an independent contractor's motion for summary judgment concerning voluntary payment claims against a consulting company. The independent contractor, a director of recruiting, sufficiently showed in court that the company is not entitled to reduce her commissions for overpayment.
Court: USDC Arizona, Judge: Humetewa, Filed On: January 30, 2024, Case #: 2:22cv573, NOS: Fair Labor Standards Act - Labor, Categories: employment, contract, Labor
J. Crenshaw denies the former employee's motion to dismiss this breach of contract case based on a lack of personal jurisdiction. The former employee, a remote worker who allegedly violated the non-compete provision in his employment contract, seeks dismissal based on a lack of jurisdiction, as he mainly worked from Florida. However, he made multiple trips to Tennessee "for work-related activities."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: January 29, 2024, Case #: 3:22cv606, NOS: Other Contract - Contract, Categories: employment, Jurisdiction, contract
J. Ashe denies summary judgment to the former employee of an environmental services company in the oil and gas industry on his argument that while his post-resignation tank-cleaning activities constitute a breach of the no-compete and non-solicitation provisions of his employment contract, those provisions are legally void and unenforceable because his old boss was not operating in any of the 64 Louisiana parishes and 150 Texas counties listed in their agreement at the time of execution. Because the restrictive covenant of the employment agreement complies with the law by listing specific areas where the former employee is prohibited from competing and because he engaged in tank cleaning in six of the listed areas when his employment was terminated, their employment agreement is valid.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: January 26, 2024, Case #: 2:23cv5042, NOS: Other Contract - Contract, Categories: employment, Evidence, contract
J. Pallmeyer grants a real estate services company’s motion for judgment on the amount of money its former real estate broker owes it. The broker took a job with the company in 2018; his compensation agreement included a $1,375,000 loan that he wouldn’t have to repay so long as he didn’t quit before the end of 2024 without “good reason.” He quit anyway in 2020 after the company restructured how it awards commissions to its brokers. The company won summary judgment in the resulting lawsuit it brought against him, and now the court finds the broker owes the company over $1,894,000, which includes the loan, interest and taxes.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: January 26, 2024, Case #: 1:20cv3540, NOS: Negotiable Instrument - Contract, Categories: employment, Damages, contract