CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION *Booth v. Home Depot (10th Cir., April 5, 2022) (affirming dismissal of Booth’s complaint for wrongful termination pursuant to Burk v. KMart Corp., 770 P.2d 24 (Okla. 1989), a court-created cause of action to redress a termination in violation of “a clear mandate of public policy”: […]
Contract~Noncompete~Trade Secret~Wrongful Termination Alfaro-Huitron v. Cervantes Agribusiness (10th Cir., December 11, 2020) (reversing summary judgment in favor of Cervantes on Plaintiff’s claims for breach of contract and violation of the Migrant and Seasonal Agricultural Worker Protection Act: the evidence suffices for a finding that the hiring contractor was acting as Cervantes’s agent when it […]
Discrimination~Retaliation *Benjamin v. Board of Trustees (10th Cir., April 24, 2020) (reversing summary judgment against Benjamin: he produced sufficient evidence—though far from conclusive—to raise an issue of material fact) *Cai v. Huntsman Corporation (10th Cir., April 20, 2020) (affirming judgment on the pleadings in favor of Huntsman on Cai’s breach of contract retaliation claim: Cai […]
You opened a new business. It is taking off. You need to hire somebody quickly. You think you’ve found the perfect person and want to hire him. You quickly realize, however, you don’t know whether to prepare a letter or just make a verbal offer. If you write a letter, what should you include? The […]
Contract/Noncompete/Trade Secret/Wrongful TerminationSkolnick v. Exodus Healthcare Network, PLLC (Utah Ct. App., November 8, 2018) (affirming summary judgment in favor of Skolnick on her claim for breach of contract: Exodus’s obligation to pay Skolnick was not subject to any condition precedent) Discrimination/Retaliation *Ombe v. State of New Mexico (10th Cir., November 8, 2018) (affirming judgment against […]
Contract/Noncompete/Trade Secret/Wrongful Termination*Utter v. Amie Rose Colclazier (10th Cir., November 6, 2017) (affirming dismissal of implied employment contract and FMLA retaliation claims, but reversing dismissal of breach of contract and First Amendment claims)*Rael v. Smith’s Food and Drug Centers, Inc. (10th Cir., November 7, 2017) (affirming dismissal of Rael’s state law harassment and emotional distress claims as preempted […]
Contract/Noncompete/Trade Secret/Wrongful TerminationAugustus v. Vernal City (Utah Ct. App., October 26, 2019) (declining to disturb the city’s decision to uphold Augustus’s termination: the city’s board did not violate Augustus’s due process notice right)Lamont v. Riverton City Board of Appeals (Utah Ct. App., October 26, 2017) (declining to overturn Lamont’s termination for his refusal to take an alcohol […]
Miscellaneous Brown v. Perez (10th Cir., August 29, 2016) (reversing summary judgment against plaintiffs—federal employees eligible for workers compensation—because genuine issues of critical fact existed) Heartwood Home Health and Hospice v. Huber (Utah Ct. App., September 1, 2016) (dismissing motion for rule 11 sanctions in a case involving claims of breach-of-confidentiality and -loyalty, intentional interference with […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Retiree, Inc. v. Anspach (10th Cir., August 17, 2016) (affirming damages on Anspach’s breach of confidentiality agreement, but reversing as to improper disclosure. Additionally, in a nondisclosure agreement (rather than a noncompete covenant), an indefinite term is permissible.) *Cases marked with an asterisk are cases the 10th Circuit does not consider binding […]
Contract/Noncompete/Trade Secret/Wrongful Termination Green v. Brennan (U.S., May 23, 2016) (vacating dismissal ofGreen’s constructive discharge claim. The lower court held his complaintuntimely, having been filed 96 days after he had agreed to retire. The TenthCircuit affirmed. The Supreme Court, however, held that the 45-day limitationsperiod did not begin to run until Green actually submitted his […]
