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Employment Law
Wrongful Termination
Defamation, Failure to Pay Wages, Conversion, Breach of Contract

Flavia LoCoco v. WM Financial Services Inc., Philip P. Hurst

Published: Oct. 18, 2008 | Result Date: Aug. 23, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 06-04695 Arbitration –  Expungement of records

Court

Arbitration Forum


Attorneys

Claimant

Montgomery G. Griffin


Respondent

Jason S. Mills
(Morgan, Lewis & Bockius LLP)


Facts

The claimant alleged various claims, including wrongful termination in violation of public policy, defamation, failure to pay wages, conversion, money had and received, plus breach of contract. Each claim stemmed from claimant's termination of employment with the respondent.

Damages

The claimant demanded wages for unpaid overtime, loss of income damages, loss of future earnings, prejudgment interest, presumed damages for defamatory statements, not less than $1,000,000 in punitive damages, expungement, attorney fees and costs.

Result

The panel recommended that any reference to allegations of forgery be expunged from claimant's registration records. Further, the termination comment on the Form U5 shall be expunged and the reason for termination will remain as "discharged." The present termination comment will read "due to customer allegations" rather than "unprofessional behavior." Lastly, the claimant's request for dismissal with prejudice for respondent WM Financial Services Inc. was granted.

Other Information

The respondents filed a motion to dismiss, which was granted with respect only to Phillip Hurst on Jan. 3, 2008. Ruling with respect to WM Financial Services Inc. was deferred. ARBITRATORS: Ralph H. Erickson, Holly Benafaheh, Steven K. Ogata.


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