Shah v. Cover-It, Inc.

859 A.2d 959 (2004)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P and D into an employment contract by which P became the structural engineering manager of D. P was to receive an annual salary of $70,000, payable weekly, for a period of five years and subject to cost of living adjustments. P was entitled to a commission of 2 percent of the sales generated from those products that he designed while employed, up to $1.5 million. P also received three paid weeks of vacation on the completion of his first year of employment and the use of a company car. P was permitted to work a flexible full-time schedule of thirty-five hours per week. The employment contract was subject to termination by either party with ninety days written notice. If D terminated the contract, P on the completion of his first year of employment, was to receive monthly salary payments for the remainder of the five-year period pursuant to a schedule. P requested and received permission for a period of vacation time. P returned to work 10 weeks later. Upon return, P worked two or three days per week and spent long periods of time surfing the web. P refused to use a time clock to document his attendance. On October 14, 1998, D asked P if certain designs would be completed. P stated that he was not sure when the designs would be completed and that he would take his time in completing them. D then terminated P's employment. P sued D for breach of contract, breach of the implied covenant of good faith and fair dealing, failure to pay wages in violation of statutes, and negligent misrepresentation. The court found for Ds and P appealed. P claimed the breach was not material.