The individual defendants were personally liable for the judgment obtained by plaintiff under the North Carolina Wage and Hour Act. The Court refused to award liquidated damages, however, finding that the defendant had acted in good faith and had a reasonable basis for believing that their refusal to pay bonuses was not in violation of
NC Wage & Hour Act
Kornegay v. Aspen Asset Group, LLC, 2006 NCBC 12 (N.C. Super. Ct. Sept. 26, 2006)(Diaz)
By Mack Sperling on
Following a thorough discussion of the elements of a valid contract, the Court found a question of material fact whether the parties had agreed on all the material terms of the contract which plaintiff claimed entitled him to a significant bonus. Plaintiff was not required to show that the bonus had actually been paid in…
Maurer v. Slickedit, Inc., 2006 NCBC 1 (N.C. Super. Ct. Feb. 3, 2005)(Tennille)
By Mack Sperling on
The Court began this final installment of the Maurer (2005 NCBC 1; 2005 NCBC 4) saga with a bit of ominous poetry: "O, what a tangled web we weave, When first we practise to deceive."
The first issue it addressed was whether bonus payments which the company had withheld from a terminated shareholder/employee were "wages"…
Maurer v. Slickedit, Inc., 2005 NCBC 4 (N.C. Super. Ct. Aug. 12, 2005)(Tennille)
By Mack Sperling on
Posted in Defamation, NC Wage & Hour Act
Plaintiff’s former employer had violated the North Carolina Wage and Hour Act by failing to pay her bonuses when due. The Court granted summary judgment on this claim in favor of the plaintiff.
The Court granted summary judgment against plaintiff on her slander claims, finding that she had neither pled nor proven the alleged slander…