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Tag Archives: breach of contract claim

Labor & Employment – Public Employees — Settlement Agreement – Breach of Contract Claim – Damages – Job Reclassification (access required)

Pickney v. Department of Transportation Even though the parties’ settlement agreement provided that plaintiff could “request a job reallocation or pay grade increase” and that defendant would “cooperate with such a request,” the settlement agreement did not provide plaintiff with any guarantee that he would actually receive a job reallocation or pay grade increase upon request. Even if plaintiff proved that defendant breached the settlement agreement by failing to cooperate with his request for a second job reallocation, plaintiff’s evidence provided no basis upon which the trial court could have properly calculated damages.

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Labor & Employment – Termination — Breach of Contract Claim – Corporate – Share Issuance – Wage & Hour Act – Bonus (access required)

Mancinelli v. Momentum Research, Inc. Plaintiff abruptly left her job, taking an immediate leave of absence and notifying her supervisors of this leave through a letter which instructed the defendant-employer not to contact her; moreover, plaintiff failed to inform her supervisors of the status of the project on which she was working prior to her departure and refused to turn over information related to the project. The employer had cause to terminate plaintiff pursuant to § 5(a) of the parties’ employment contract (“Employee’s failure or refusal to perform his or her job duties or other breach of a material term of this Agreement”).

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Labor & Employment – Breach of Contract Claim – Professor – Handbook (access required)

Rajpal v. Livingstone College, Inc. Even though the plaintiff-professor’s employment contract with the defendant-college required the professor to “abide by the policies and procedures as outlined in the Faculty Handbook,” the contract did not impose the same obligation on the college. Therefore, the college’s failure to give the professor the termination notice required by the handbook was not a breach of the parties’ employment contract. We affirm summary judgment for the college.

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