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Employment Law
Breach of Contract
Bonus and Vacation Pay Denied

Basia Lukaszek-Secousse, M.D. v. Neil Diorio, M.D.

Published: Dec. 31, 1993 | Result Date: Sep. 17, 1993 | Filing Date: Jan. 1, 1900 |

Case number: NVC17420 –  $28,200

Judge

Malcolm H. Mackey

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Michael G. Portner


Defendant

Michael R. Snyder


Facts

Plaintiff Basia Lukaszed-Secousse, M.D., a 44-year-old radiologist, contended that he was promised permanent employment with Defendant Neil D'Orio, M.D. In addition, Plaintiff alleged that he was promised a 15% annual bonus and vacation pay. After 3 years, Plaintiff was terminated on June 30, 1987, without payment of the bonus or the vacation pay. Defendant contended that there was no agreement and that Plaintiff was an independent contractor, therefore not eligible for the bonus or vacation pay.

Settlement Discussions

Plaintiff contends he demanded $15,000 and Defendant offered $5,000.

Damages

Bonus and vacation pay, valued at $28,200.

Injuries

Emotional distress.

Other Information

Arbitration by Jack Hull resulted in a defense award; trial de novo by Plaintiff. Plaintiff received a directed verdict as to wrongful termination, fraud, and emotional distress.

Deliberation

4 hours

Poll

10-2

Length

4 days


#88184

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