LAWS 4175 Lecture Notes - Lecture 50: Job Performance, Promissory Note, Affirmative Defense
28 Dec 2020
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Facts: maness is a 50-year-old man who had spent most of his life doing hourly work. Collins as the financial advisor, mike working part time at skm, and josh as managing member: mike"s primary motivation for acquiring skm was to have a business for josh and his other son. In 2006, the parties executed a purchase agreement under which skm would be sold to. Complaint: the complaint sought unpaid compensation under maness"s employment contract, pre- judgment interest, post-judgment interest, attorney fees and costs, and a declaration that the non-compete agreement was unenforceable. When he brought it up, he was terminated: maness says he has not been employed since leaving skm. There was no termination provision except that of skm being in good financial standing: the record shows that skm"s sales volume had increased, looking at the plain language of the agreement, skm had an obligation to employ. Maness"s contract was wrongfully terminated and he may recover damages.
