Michael R. White

Following the dismissal of both the plaintiff's action for constructive dismissal and the defendant's counterclaim for breach of restrictive covenants on summary judgment, the parties made written submissions on costs.

The defendant sought substantial indemnity costs based on an offer to settle, while the plaintiff sought partial indemnity costs for defending the counterclaim.

The court found the defendant's offer was an invitation to capitulate rather than a genuine compromise, and ordered that each party bear their own costs.

The plaintiff, a dental hygienist, resigned and sued her former employer for constructive dismissal after her hours were reduced.

The defendant counterclaimed for breach of non-competition and non-solicitation clauses.

On cross-motions for summary judgment, the court dismissed both the action and the counterclaim.

The court found the termination, non-competition, and non-solicitation clauses in the employment contract were unenforceable.

However, the court also found the plaintiff was not constructively dismissed, as the reduction in hours merely reverted her schedule to its historical norm and did not breach an essential term of the contract.