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Employment Law
Hostile Work Environment
Retaliation

Bradford James Underdahl v. Morgan Stanley Smith Barney LLC

Published: May 31, 2014 | Result Date: May 7, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 11-03247 Arbitration –  $320,000

Court

FINRA


Attorneys

Claimant

Erwin J. Shustak
(Shustak, Reynolds & Partners PC)


Respondent

Tracy L. Gerber

Elizabeth Moum


Facts

Bradford Underdahl filed a complaint against his former employer, Morgan Stanley Smith Barney LLC.

Contentions

COMPLAINANT'S CONTENTIONS:
Underdahl asserted causes of action for hostile work environment and retaliation; breach of contract; breach of the implied covenant of good faith and fair dealing; tortious interference with actual and prospective economic advantage; promissory estoppel; and violation of California Labor Code Section 2802. Additionally, Underdahl requested the FINRA Panel to issue an order of declaratory relief stating that he is entitled to manage all the assigned accounts, including, but not limited to, the New Zealand account, and is entitled to remain employed at the company without being subjected to a hostile work environment or risk of constructive discharge.

RESPONDENT'S CONTENTIONS:
Defendant denied Underdahl's allegations, and asserted various affirmative defenses.

Result

The Panel found Morgan Stanley Smith Barney liable to Underdahl in the amount of $320,000, plus 10 percent interest, in compensatory damages. The panel denied Underdahl's request for declaratory relief and attorney fees.

Other Information

ARBITRATORS: Chad Anthony Franks and William J. Brack


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