Fox v. Lummus Company

524 F. Supp. 27 (1981)


P and D entered into an employment agreement. P was a resident of England, and D was a New Jersey corporation doing business in New York. P worked as a sub-contract administrator at D's construction project in Iraq. Paragraph 5 of the Employment Agreement, provided:  'The Employee's salary will be reduced by monthly amounts based upon the attached compensation worksheet for theoretical taxes calculated on base pay plus overtime. The Company will hold the Employee harmless for Iraqi and/or home country taxes on Company earned income only. Employee shall be responsible for payment of any and all taxes on outside income only.'  P claims D breached the Agreement by unjustly withholding salary earned by P and by denying P holiday leave and in other ways 'harassing' him. P alleged breach of contract, unjust enrichment, and recovery in quasi-contract in the first three claims. The fourth claim alleged “constant harassment and pressure” against P to encourage him to resign. P alleged $100,000 in injuries. D moved to dismiss the first three under Fed. R. Civ. P. 12(b)(6), an order for a more definite statement on the fourth claim pursuant to Fed. R. Civ. P. 12(e), and to strike the request for damages relating to mental suffering, pursuant to Fed. R. Civ. P. 12(f).