Kevin Robinson recently successfully represented a plaintiff at trial.
The plaintiff and the defendant incorporated a company together in 1989. In 2007 the plaintiff ceased working for the company as a result of an agreed partial buyout and resignation. Despite the agreement, the defendant did not pay the plaintiff the amounts owing under the buyout yet the plaintiff did not return to work. The main issues in this case were: (i) whether the plaintiff was an employee or an independent contractor of the company or; (ii) whether the plaintiff had resigned or been terminated; and, (iii) if he was an employee and had been terminated, to what was he entitled with respect to severance pay.
With respect to the issue of whether or not the plaintiff was considered an employee, the judge’s response was that all of the available documentary evidence supports the conclusion that the company regarded him as an employee. In regards to the issue of whether the plaintiff had resigned or been terminate, the trial judge concluded that the plaintiff did not resign, and that: “he continued to work the 400 hours he had agreed to under the Letter Agreement, but his leaving was not a resignation under that Agreement since PSI defaulted and the agreement became null and void.”
The final issue was in regards to entitlements; the judge concluded “he is being awarded damages for wrongful dismissal.” Kevin and his client won on all three issues and the judge awarded damages and costs of approximately $175,000.00.