(DOWNLOAD) "Hartbarger V. Frank Paxton Co." by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Hartbarger V. Frank Paxton Co.
- Author : New Mexico Supreme Court
- Release Date : January 14, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This appeal is taken from a judgment entered on a jury verdict in favor of Bill Hartbarger in his action against his former employer, Frank Paxton Company, and the supervisor who fired him, Alan Crownover, for breach of an implied contract of employment. Hartbarger worked as an outside salesperson and was terminated after refusing to accept a lower rate of commission on his sales. Paxton argued there was no implied contract and, therefore, Hartbarger was an at-will employee and no justification was needed for the firing, or alternatively, if there was an implied contract, sufficient justification existed to fire Hartbarger. The jury found there was an implied contract requiring just cause for termination and that the contract was breached, and awarded Hartbarger $400,000 in compensatory damages and $100,000 in punitive damages. Paxton raises numerous points on appeal, essentially arguing that a reasonable jury could not have found there was an implied contract of employment, that if there was a contract it was not breached, and that there was no basis for the award of punitive damages. We reverse.
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