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COA rules in favor of chamber in breach of contract dispute

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In its decision ordering summary judgment be entered in favor of the Brownsburg Chamber of Commerce in a lawsuit involving damages to a former employee, the Indiana Court of Appeals adopted the proposition that damages for breach of notice provisions are limited to compensation for the notice period.

In Walter B. Duncan v. The Greater Brownsburg Chamber of Commerce, Inc., No. 32A01-1109-CC-429, Walter Duncan sued the Greater Brownsburg Chamber of Commerce over the amount of damages he received after he was forced to resign as executive director in March 2010. The chamber’s board of directors voted to terminate his contract immediately, but Duncan was given the option of resigning. Per his resignation, he was to work one more week and take a three-week paid vacation. His daily salary was $138, so he was due just under $15,000 for working through April 18, one month after he submitted his resignation letter. The chamber paid more than $15,500 to him in 2010.

Duncan sued later that year, arguing he should have been due damages from the date of the alleged breach through the term of the contract. Both Duncan and the chamber filed for summary judgment. The chamber’s argument basically asks the appellate court to adopt the general proposition that damages for breach of a notice requirement are limited to the compensation for the notice period.

The COA did, adopting the majority rule that “the summary discharge of an employee entitled under the employment contract to a specified period of notice ordinarily permits him to recover his compensation for the notice period only and not for the entire balance of the contract period.” This is consistent with decisions from other jurisdictions.

Here, the contract required a 30-day written notice to the other party before canceling the employment agreement. The most that Duncan was entitled to recover then was 30 days compensation. He received more than what he was entitled to, so the appellate court declined to address whether the chamber actually breached the notice requirement. The judges ordered the trial court enter summary judgment in favor of the chamber.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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