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Employment Law
Unfair Competition
Breach of Implied Covenant of Good Faith and Fair Dealing

Fariba Zehtabian Madison v. U.S. Bancorp Investments, Inc., David Matthew Terrell, Sean Pong

Published: Mar. 20, 2020 | Result Date: Nov. 26, 2019 | Filing Date: Nov. 17, 2015 |

Case number: FINRA: 15-03120 Arbitration –  Respondent

Attorneys

Claimant

Steve A. Buchwalter
(Law Office of Steve A. Buchwalter PC)

Scot D. Bernstein
(Law Offices of Scot D. Bernstein APC)


Respondent

Paul W. Sweeney Jr.
(K&L Gates LLP)

Christina N. Goodrich
(K&L Gates LLP)

Kathryn G. Hummel
(K&L Gates LLP)


Facts

Fariba Zehtabian Madison filed an arbitration claim against US Bancorp Investments Inc., in relation to employment disputes.

Contentions

CLAIMANT'S CONTENTIONS: Claimant contended that USBI failed to pay claimant commissions and other wages, expense reimbursements and other sums when due, including at the termination of her employment. Claimant contended that this constituted violations of California Labor Code; unjust enrichment; breach of implied covenant of good faith and fair dealing; violation of California's Unfair Competition Law; and defamation. Claimant also contended that respondents took action to undermine claimant's work for USBI, and take away her business position with the organization.

RESPONDENT'S CONTENTIONS: Respondents contended that its actions and were appropriate and lawful. Respondent asserted various affirmative defenses.

Result

The arbitration panel found for respondent. The panel found that claimant did not prove her claims by a preponderance of the evidence.

Other Information

ARBITRATORS: Robert Dean McKinley, presiding chairperson; Owen Frances; Steven A. Wawra.


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