306 results for 'cat:"Employment" AND cat:"Contract"'.
J. Brown finds that the district court should not have granted a prospective employer's exception of no cause of action on an employee's claims that the prospective employer improperly rescinded its job offer after an investigation was opened regarding the employee's alleged theft of property from her former employer. The record shows that after the employee was offered and accepted employment with the prospective employer, she submitted a formal letter of resignation to her former employer. The employee was left unemployed for several months after the prospective employer did not hire her. Reversed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: November 27, 2023, Case #: 2023-CA-0331, Categories: employment, contract
J. Brann dismisses certain employment discrimination claims contending a 49-year-old family medicine resident had been subjected to a non-consensual neuropsychological evaluation and denied transfer to the Guthrie/Robert Packer Hospital's anesthesiology program in retaliation for requesting adaptive learning materials for attention deficit disorder. The resident failed to prove the hospital intended to cause emotional damage or that the hospital had been contractually obligated to grant the transfer.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: November 22, 2023, Case #: 4:23cv1136, NOS: Employment - Civil Rights, Categories: employment, Emotional Distress, contract
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J. Graham denies the employer's motion to dismiss, ruling that although it is based in Florida, its decision to form a partnership with the Ohio-based employee and allow him to work from home satisfies Ohio's long-arm statute and establishes jurisdiction for the employee's lawsuit.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: November 20, 2023, Case #: 2:22cv4376, NOS: Stockholders’ Suits - Contract, Categories: employment, Jurisdiction, contract
J. Broomes rules the U.S. Department of Labor may pursue overtime violations against a restaurant. The restaurant employees, both servers and line cooks, sufficiently showed in court that the restaurant operator failed to pay overtime wages at the correct rate.
Court: USDC Kansas, Judge: Broomes, Filed On: November 17, 2023, Case #: 6:22cv1004, NOS: Fair Labor Standards Act - Labor, Categories: employment, contract, Labor
J. Christopher finds that the lower court properly reversed the education commissioner's decision upholding the school district's termination of a teacher's contract relating to her actions in administering the STAAR test. The evidence did not show that the teacher violated "accepted standards of conduct for the profession as generally recognized and applied in similarly situated school districts" in Texas. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: November 16, 2023, Case #: 14-22-00418-CV, Categories: Education, employment, contract
J. Soud finds the trial court improperly denied the corporation's motion to dismiss a former employee's lawsuit claiming unpaid wages and breach of contract. The corporation correctly argues that the forum selection clause of the parties' employment agreement unambiguously requires the employee's lawsuit to be filed in Delaware, and the trial court incorrectly concluded the clause was "permissive" instead of mandatory, so the trial court's order is overturned and the case is remanded so it can be dismissed. Reversed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: November 13, 2023, Case #: 22-2341, Categories: employment, Venue, contract
[Consolidated.] J. Wicker finds that the trial court properly ordered employees to repay their employer for payroll advances. The owner of the company testified that when the company temporarily stopped work at a plant, she held a meeting with the employees and told them that the company would continue to pay their salaries, but they would have to repay the amounts over time when the company was operational again. The employer submitted documents listing the employee’s actual hours worked, vacation hours used, advanced hours, and deductions for insurance, which were signed by each employee under the provision, "I agree to repayment of advanced hours/insurance as stated." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: November 8, 2023, Case #: 23-CA-76, Categories: employment, contract
J. Neeley, in this original proceeding, denies the relator and ex-husband’s request for a writ of mandamus to vacate an order disqualifying his attorney upon the ex-wife and real party in interest’s motion to disqualify. The attorney was retained by the then still-married couple to represent them in a suit involving the husband’s termination as chief operating officer of a grocery store holdings company. During the pendency of this suit, the couple divorced, and the wife intervened in the suit as having a community property interest. The attorney adversely cross-examined the wife upon deposition. As the wife’s former counsel, the attorney is privy to confidential information, giving rise to potential prejudice. The husband fails to demonstrate entitlement to mandamus relief. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: November 8, 2023, Case #: 12-23-00236-CV, Categories: employment, Property, contract
[Consolidated.] J. Wicker finds that the trial court properly ordered employees to repay their employer for payroll advances. The owner of the company testified that when the company temporarily stopped work at a plant, she held a meeting with the employees and told them that the company would continue to pay their salaries, but they would have to repay the amounts over time when the company was operational again. The employer submitted documents listing the employee’s actual hours worked, vacation hours used, advanced hours, and deductions for insurance, which were signed by each employee under the provision, "I agree to repayment of advanced hours/insurance as stated." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: November 8, 2023, Case #: 23-CA-73, Categories: employment, contract
[Consolidated.] J. Wicker finds that the trial court properly ordered employees to repay their employer for payroll advances. The owner of the company testified that when the company temporarily stopped work at a plant, she held a meeting with the employees and told them that the company would continue to pay their salaries, but they would have to repay the amounts over time when the company was operational again. The employer submitted documents listing the employee’s actual hours worked, vacation hours used, advanced hours, and deductions for insurance, which were signed by each employee under the provision, "I agree to repayment of advanced hours/insurance as stated." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: November 8, 2023, Case #: 23-CA-75, Categories: employment, contract
J. Tabor grants a staffing company summary judgment in claims brought after a forklift operator damaged the floor of a storage facility and the lift by knocking over a beam because the parties' clear contract barred negligence claims based on employee performance from being brought against the staffing provider.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: November 8, 2023, Case #: 22-1184, Categories: employment, Negligence, contract
J. Armstead finds that the circuit court erred in affirming the grievance board’s decision restoring two separate bus routes an employee drove for the board of education. The bus driver, who worked for the district since 1980, complained after the board determined a second vocational bus route was improperly awarded to her via contract in 1985. The vocational route contract was illegal because it conflicted with the driver’s primary route contract, which was never modified to account for a change in destinations or an overlapping schedule. The circuit court erred by accepting the grievance and concluding the board had no duty to correct the mistake, in spite of its significance. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: November 8, 2023, Case #: 22-234, Categories: Education, employment, contract
[Consolidated.] J. Wicker finds that the trial court properly ordered employees to repay their employer for payroll advances. The owner of the company testified that when the company temporarily stopped work at a plant, she held a meeting with the employees and told them that the company would continue to pay their salaries, but they would have to repay the amounts over time when the company was operational again. The employer submitted documents listing the employee’s actual hours worked, vacation hours used, advanced hours, and deductions for insurance, which were signed by each employee under the provision, "I agree to repayment of advanced hours/insurance as stated." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: November 8, 2023, Case #: 23-CA-74, Categories: employment, contract
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
J. Chehardy finds that the trial court properly refused to include employees' earned commissions in their "daily rate of pay" for purposes of calculating penalty wages. In this case, the employment contracts guaranteed both employees a base salary of $120,000 per year. Under statute, the trial court was limited to calculating the employees' daily rate of pay calculation to their base pay, without commissions, when calculating the award of penalty wages. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 2, 2023, Case #: 23-CA-64, Categories: employment, contract
J. Elrod finds the trial court properly found in favor of the oil and gas production company in this suit alleging that its former operations supervisor breached his fiduciary duty by awarding contracts to companies owned by his friend. The contractors deliberately delayed operations, resulting in nearly $12 million in overbilling damages and $775,549 in recoupment for value received by the former supervisor. The expert properly calculated damages, and testimony regarding the friend’s companies’ better rates was given from memory. The former supervisor’s credibility was in question due to inconsistent answers given on previous questions, so the jury had discretion to reject the testimony. The court’s decision to deny post-trial discovery is vacated. Affirmed in part. Vacated and remanded in part.
Court: 5th Circuit, Judge: Elrod, Filed On: October 31, 2023, Case #: 22-10918, Categories: employment, Fiduciary Duty, contract
J. Kendall grants a consulting firm and its president’s motion to dismiss in this employment contract lawsuit brought by a former regional sales leader. The unjust enrichment, Illinois Wage Payment and Collection Act violation and retaliation claims are dismissed with prejudice because he fails to allege a contract or employment agreement. Therefore, those claims could not survive a third motion to dismiss. The breach of contract and fraudulent misrepresentation are new claims to be dismissed without prejudice, therefore these claims can be amended by a second complaint by Nov. 20, 2023.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: October 30, 2023, Case #: 1:22cv6988, NOS: Employment - Civil Rights, Categories: employment, contract, employment Retaliation
J. Ledet finds that the trial court should not have found for a university on a professor’s contractual due process claim after he was disciplined, and his class schedule was altered. Although the university eventually reverted back to the professor’s original schedule of classes, the disciplinary letter still affected his personal and professional standing. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: October 27, 2023, Case #: 2023-CA-0295, Categories: Education, employment, contract
J. Leeson grants UGI’s motion to remand this adverse employment case, originally filed in state court, for lack of proper venue. The federal removal statute requires the court to remand any case where doubt exists as to whether the removal was proper, and doubt exists here.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: October 26, 2023, Case #: 5:23cv3169, NOS: Employment - Civil Rights, Categories: employment, Venue, contract
J. Wright denies the former employee and his new employer's motion to dismiss the prior employer's suit claiming violations of noncompetition agreements, but grants their motion to strike an amended complaint and denies the former employer's motion to amend. The lack of a signature from the former employer's CEO on the employee's employment agreement does not render it unenforceable, and the former employer has sufficiently pled a legitimate business interest justifying restrictive covenants in the agreements. The employee and new employer's argument that the former employer has not sufficiently pled its claims involving non-compete or supplier or employee non-solicit violations is barred because it was not raised in their first motion to dismiss, and the former employer has adequately pled two tortious-interference claims.
Court: USDC Minnesota, Judge: Wright, Filed On: October 25, 2023, Case #: 0:21cv1512, NOS: Other Contract - Contract, Categories: employment, contract
J. Chase finds that the Civil Service Commission should not have denied requests for back pay by former New Orleans Police Department Captains, who were not originally appointed to the relevant Commander position. In this case, there was evidence and testimony presented to support the contention that the job duties were the same for the unclassified Commander position and the classified position of Captain, yet the Commander position received a higher rate of pay. Further, the Captains are entitled to receive back pay from June 24, 2016, to June 24, 2019, because they did not formally request back pay until June 24, 2019. Under statute, the Captains are entitled to back pay for three years from the date of the request. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: October 25, 2023, Case #: 2023-CA-0221, Categories: employment, contract