Case details

Company misrepresented facts of employment, plaintiff alleged

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On March 24, 2011, plaintiff Dennis Munson, 48, was recruited and employed as Vice President of Sales for Splice Communications Inc., a telecommunications company that sold voice and data services. He was ultimately terminated on Oct. 4, 2011. Munson claimed that Splice made promises and representations to induce him to accept a position at the company and that he was terminated for refusing to carry out instructions to fire a Splice employee based on his race. Munson sued Splice Communications Inc.; Scott Bischoff, Chief Operating Officer and Chief Financial Officer; and Andrew Coan, Co-Founder, President and Chief Executive Officer. Munson alleged the defendants’ actions constituted a breach of contract, retaliation and violations of the Labor Code. Munson contended that he engaged in an activity that is protected under the California Fair Employment and Housing Act when he resisted direction to terminate the employment of a qualified African American employee. He claimed that as a result of this resistance and reporting of the direction, Splice was motivated to terminate his employment. Munson also contended that Splice failed to honor its promises and agreements. He claimed that he relied on Splice’s representations when he accepted Splice’s offer of employment and changed his place of residence from Michigan to San Mateo County, California, but that Splice’s conduct constituted intentional misrepresentations about the nature, pay and conditions of the employment. Specifically, he claimed that Splice, Coan and Bischoff misrepresented the nature of his duties, compensation and responsibilities. He also claimed that they misrepresented his ability to hire a sales engineer, his receipt of stock options, and his ability to work remotely, as agreed. Thus, Munson contended that the defendants intended to keep him employed until they were able to hire other people to fill the Vice President of Sales position. Splice denied all of Munson’s contentions and claimed that Munson was terminated for legitimate business reasons., After his termination, Munson was unemployed for nine months. Munson sought recovery of general and special damages based on all of his claims. He also sought recovery of punitive damages based on the defendants’ alleged retaliation, fraud, deceit and negligent misrepresentation.
COURT
United States District Court, Northern District, San Francisco, CA

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