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Employment Law
Wrongful Constructive Termination
Whistleblower Protection

Richard J. Finelli v. Eaton Vance Distributors Inc.

Published: Feb. 21, 2015 | Result Date: Jan. 5, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 10-01701 Arbitration –  Claimant

Court

FINRA


Attorneys

Claimant

Michael Blumenfeld
(Freeman Freeman & Smiley LLP)

Robert J. Girard
(Girard Bengali APC)


Respondent

Corey D. Winer

Robert A. Buhlman


Facts

Richard Finelli filed a complaint against his former employer, Eaton Vance Distributors Inc.

Contentions

COMPLAINANT'S CONTENTIONS:
Complainant alleged that he was wrongfully terminated and sued respondent for constructive termination, violation of the Whistleblower Retaliation provision of the Sarbanes-Oxley Act, fraudulent misrepresentations, violation of the California Labor Code, violation of the California Business & Professions Code Section 17200, liability under the Fair Labor Standards Act, an accounting, and slander.

RESPONDENT'S CONTENTIONS:
Respondent denied the allegations and asserted various affirmative defenses. Additionally, respondent moved to dismiss the complaint.

Damages

Finelli sought no less than $100,000 in compensatory damages, attorney fees and costs, interest, and punitive damages.

Result

The FINRA Panel found Eaton Vance liable to Finelli for $45,000 in compensatory damages. The Panel denied all other relief.

Other Information

ARBITRATORS: Richard J. Stall Jr., Carolyn V. Quadt, and Russell T. Doe. FILING DATE: April 9, 2010.


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