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Employment Law
California Labor Code
Failure to Pay Performance Bonus

Alex David Vitale v. Deutsche Bank Securities Inc., Deutsche Bank A.G.

Published: Nov. 22, 2014 | Result Date: Oct. 30, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 13-00509 Arbitration –  $1,375,200

Court

FINRA


Attorneys

Claimant

Howard E. King
(King, Holmes, Paterno & Soriano LLP)


Respondent

Kenneth J. Turnbull


Facts

Alex Vitale filed a complaint against Deutsche Bank Securities Inc. and Deutsche Bank A.G., in connection with his employment with the company.

Contentions

COMPLAINANT'S CONTENTIONS:
Complainant asserted claims for failure to pay performance bonus and violation of the California Labor Code.

RESPONDENTS' CONTENTIONS:
Respondent denied complainant's allegations and asserted various affirmative defenses.

Damages

Vitale sought no less than $100,000 for his unpaid salary base plus interest and $2.2 million in unpaid earned bonus, $257,506 in severance compensation. He also requested an accounting, costs, attorney fees, and other relief. At the close of hearing, Vitale requested $2.7 million as a bonus and $257,507 in severance pay plus interest and attorney fees.

Result

The FINRA Panel found Deutsche Bank liable to Vitale for $1.3 million in compensatory damages plus interest since February 2013, $75,000 for legal fees, and $200 as reimbursement of FINRA filing fee. However the Panel denied Vitale's claim for severance pay.

Other Information

ARBITRATORS: Douglas W. Oldfield, Pamela S. Mann, Louis Anthony Napoli


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