Breaching employment contract

The French Supreme Court recently ruled that an employer could not rely on the report of a private detective it had hired to spy on one of its employees to obtain an injunction against him because this was a breach of the employee’s privacy and that could not be justified, however legitimate were its concerns.Numerix Radiologie suspected Mr. X of unfair competition during his working time (he was working from home). It hired a detective for a week or so to follow the employee when he left his home.  This allowed it to confirm its suspicions. The employer then applied to the civil court for an Order against Mr. X to secure evidence in anticipation of future judicial proceedings against him, as allowed by the French civil procedure rules. To demonstrate its reason for seeking the Order to secure the evidence, Numerix Radiologie produced the report from the detective.The first instance Court accepted that the employer had legitimate reasons to secure evidence but on appeal … [Read more...] about Spying on an Employee in France Breaches His Right to Privacy, Even Where He is Committing Breaches of His Employment Contract

In Tennessee, parties to a contract generally are free to agree to any provisions in a contract. Frequently, employment agreements contain provisions that are employer-friendly. Tennessee courts enforce these agreements unless the provision is illegal or violates public policy. Every once in a while, Tennessee courts are asked by the employer to invalidate an employment agreement. The case of Hensley v. Cocke Farmer’s Cooperative, No. E2014-01775-COA-R3-CV (Tenn. Ct. App. Aug. 31, 2015), involved that situation.In Hensley, the employer and its general manager entered into a severance agreement. That agreement provided that the employer would pay the employee a severance payment if the employer terminated the employee for reasons other than death, merger with a third party, disability or conviction of a crime. The agreement specified that the employee remained an “at will” employee, and his employment could be terminated at any time without cause. … [Read more...] about The Importance of Reading Employment Contracts and Minutes – Tennessee

Home Daily News Law firm sues associate for alleged breach… Contracts By Debra Cassens Weiss Posted March 6, 2019, 7:00 am CST Image from Shutterstock.com. Recruiters are questioning the wisdom of a Louisiana law firm’s decision to sue an associate for allegedly breaching an employment contract that requires three years of employment. The associate, Jane “Megan” Daily, left the Preis law firm Nov. 26 after spending a little more than a year there, according to the lawsuit filed Jan. 29 in Lafayette, Louisiana. Above the Law broke news of the lawsuit, while the Texas Lawyer interviewed recruiters who said the lawsuit could hurt recruiting efforts. The suit says the Preis firm hires associates right out of law school and expends considerable resources training, mentoring and supervising them. The firm estimates losses of at least $10,000 when an associate leaves before the end of the three-year term, and its employment contract has a stipulated damages clause … [Read more...] about Law firm sues associate for alleged breach of employment contract

reported today that Harvey Weinstein’s being fired from his namesake company may have been illegal, because his employment contract allowed for sexual harassment. As Hollywood as such a contract might appear, let’s not lose our minds just yet.Here is the website’s headline:According to TMZ, Weinstein’s contract included a “liquidated damages” clause in which he would be obligated to pay the company $250,000 for a violation of the company’s Code of Conduct, and sums that increase by $250,000 for each additional violation, up to $1,000,000 per violation. “Weinstein could get sued over and over for sexual harassment and as long as he shelled out money,” wrote TMZ. That sure sounds messed up, but let’s analyze whether TMZ’s take on this squares with reality.First, a million-dollar-per-incident penalty is a pretty expensive game of grab-ass. Production fees aside, I think it’s going a bit far to characterize this … [Read more...] about No TMZ, Harvey Weinstein’s Employment Contract Didn’t Really ‘Allow’ For Sexual Harassment

You hire an architect to prepare plans for the construction of a new home and a developer to execute those plans and physically construct the home. The plans require the testing of the underlying soil to confirm that the bearing capacity of the soil is adequate to support the weight of the structure. The builder, despite being contractually obligated to build the home in accordance with the plans and specifications, does not test the soil.As a result, after the structure is erected, you notice substantial cracking and differential settlement throughout the house. The builder assures you this is just “a normal part of the settling process.” You later find out that a substantial portion of the house was constructed on soil with a bearing capacity that is considerably less than what is required, and the house is slowly sliding down a hill and uninhabitable. You bring suit against the developer for breach of contract. Can you also claim a violation of the Consumer Fraud Act and … [Read more...] about Triggering the Protections of the Consumer Fraud Act with Breach of Contract