The plaintiff brought an action for wrongful dismissal after being terminated for alleged cause from a senior executive position following the sale of his company’s assets to the defendant.
The employer alleged misconduct including abusive language, conflict of interest, and dishonesty regarding the employment of an individual facing fraud charges.
The court found these allegations were exaggerated or unsupported and that the employer had failed to follow progressive discipline contemplated in its employee handbook.
The dismissal was found to be without cause and motivated in part by a dispute over financial adjustments under an asset purchase agreement.
Damages were awarded pursuant to the employment contract together with punitive damages for the employer’s bad faith conduct, and the employer’s counterclaim for fiduciary breaches was dismissed.
