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Court correctly ruled man with terminated employment contract could retire

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An employment contract between a certified public accountant and his employer did not prohibit the CPA from retiring from his position after the company announced it would not be renewing his contract, the Indiana Court of Appeals concluded Wednesday.

Bruce Buchan, who worked as a CPA for an independent accounting firm, had performed services for Dennis Tippmann Sr. and his son. Later, the Tippmanns decided to hire Buchan to work for Cherokee Family Limited, various business entities owned by the Tippmann family.

Buchan began working in 2005 for the company, but an employment contract wasn’t signed until December 2007. The terms of the contract said Buchan would work for five-year periods, with either party able to not renew the contract by providing a 90-day written notice prior to the expiration of the current term. The contract was made retroactive so that Buchan’s first five-year term would expire Dec. 31, 2010. In September 2010, Cherokee informed Buchan it would not renew his contract. Buchan in October informed the company he would be retiring effective Dec. 31, 2010. Cherokee sent a letter to him saying it did not recognize his ability to retire after receipt of the notice of non-renewal and the company considered him to be employed on Dec. 31, 2010.

Buchan sued, alleging he did not receive timely compensation for accrued paid vacation days and the company breached the contract by not paying him the remaining portion of his bonus upon retirement. Cherokee counterclaimed alleging, among other things, breach of duty of loyalty and  breach of contract. Buchan filed for partial summary judgment on the issue of whether he could retire; the trial court ruled in his favor.

On interlocutory appeal in Cherokee Air Products, Inc., Cherokee Family Limited Partnership, Tippmann Industrial Products, Inc., Dennis Tippmann, Sr. Family Partnership, LLP, and Tippmann Farms, LLC v. Bruce E. Buchan, 02A05-1312-PL-635, the Court of Appeals affirmed.

“The trial court correctly concluded that Buchan was entitled to retire. …According to the terms of the contract, that notice merely notified Buchan that his contract would not be renewed at the end of the year for an additional term. The notice of non-renewal did not affect Buchan’s employment status for the remainder of the contract term. He remained employed under the contract, with all its rights and obligations until the term expired. Had Cherokee wished to terminate Buchan’s employment, Paragraph 4 was the appropriate provision in that circumstance. It is uncontradicted that Buchan was still employed and continued to work for Cherokee until the end of business on December 30, 2010,” Senior Judge William Garrard wrote.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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