- Nov 14, 2020
- 29
- 2
- My Characters
- Elisha Wesler
Username: Royal_Vulpes
The Plaintiff(s) Lucifer McCalister
The Defendant(s) PDM - Premium Deluxe Motorsport
Nature of Suit LABOR
Statement of Claim Back in April 2023, my client, Lucifer McCalister had begun his career at Premium Deluxe Motorsport (PDM). During his career at PDM, my client (to the best of his recollection) had no issues during his tenure, did his job in accordance with what little information was privy to him (that is no longer available), and did not have any prior disciplinary action levied against him by the owner of PDM, Fred Jackson. However, on the 11th of June, 2023 when my client was informed that he was terminated from PDM by Fred Jackson.
On June 19th, 2023, Lucifer McCalister requested to reach out to me to discuss the issue in regard to his termination from PDM. My client stated that he was terminated due to an issue that had arisen due to my client's transparency with his employer when Mr. McCalister informed Mr. Jackson of a tip he had received for the sale of a vehicle. This was further compounded on the 21st of June, 2023, when his employer responded to our inquiries. Mr. Jackson explained his justification was due to "issues related to performance and trust."
In accordance with the employment-at-will doctrine, the exception that was noted by Mr. Jackson was "trust" or "Implied Covenant of Good Faith and Fair Dealing." By citing that the issue was due to "trust," Mr. Jackson had eliminated the protection of "at-will" employment because some form of an agreement between Mr. McCallister and Mr. Jackson was broken. Mr. Jackson further stated "One of these major concerns: on several occasions, a (PDM) Manager faced difficulties in receiving business commissions from Mr. McCallister, and the payments were often delayed. It was expected that Mr. McCallister would promptly pay or be able to pay the business commissions for each transaction upon request. However, Mr. McCallister consistently failed to fulfill this expectation during his employment. The matter was discussed with Mr. McCallister, and he was provided with corrective measures to address the issue. Unfortunately, these problems persisted and ultimately led to his termination."
On that same day, we made an attempt to request Mr. Jackson to "provide my client with a letter of termination of employment, citing this information and specific dates in question." This was to clarify what allegations Mr. Jackson was making. We gave Mr. Jackson ample time to review the request made on the 21st of June and after requesting a follow-up on the 24th of June, Mr. Jackson had an attorney, Mr. Trevor Bates, reply to us and he refused to accommodate the request for a letter. Mr. Bates further alleged my client "violated our conduct at our business."
Both the defendant and his attorney at the time, Mr. Trevor Bates had inferred that an agreement had been broken, because "trust" was an issue. We asked for cited incidents on the broad allegations cited, but instead of clarification, it was apparent that my client, Mr. Lucifer McCalister, was wrongfully terminated on allegations that are under the "Implied Covenant of Good Faith and Fair Dealing."
My client enjoyed his employment at PDM prior to this and he was striving for a higher position in the company to further aid in the company's growth. My client had no intention of violating any terms of his employment and had no intention of leaving the company for another. However, his aspirations were cut short and as he was a salesman at PDM, he had relied on that employment to assist in the cost of living. My client lost wages and asserted that the commissions he was drawing in daily, were about $15,000 or more on a 7-day weekly shift. Because of these lost wages, my client has had to find other means of employment to be able to afford his personal expenses.
We seek relief from such conduct that businesses may try to assert and attempt to take advantage of the "At-Will" employment without truly understanding the reasoning and exceptions to the rule.
Relief Lost Wages - $250,000.00
Attorney Fees - $50,000.00
Total Damages Amount $ $300,000.00
Evidence Exhibit A - Initial Contact and Response on the 20th of June, 2023
https://i.gyazo.com/9949a53026b054362201c8aac8ad38ae.png
Exhibit B - Defendant's Reply and Our Response on the 21st of June, 2023
https://i.gyazo.com/97e7f4a6de2c0a0ff0bc76b950fdf128.png
Exhibit C - Defendant's Attorney's Response and Our Reply on the 24th of June, 2023
https://i.gyazo.com/f9ace372b38f6ac4de0bcec71c2536d0.png
I am an Attorney Yes
Name of Attorney Elisha Wesler
Bar Number 23-0106
Telephone Number 758-460-1532
Signed Elisha Wesler
The Plaintiff(s) Lucifer McCalister
The Defendant(s) PDM - Premium Deluxe Motorsport
Nature of Suit LABOR
Statement of Claim Back in April 2023, my client, Lucifer McCalister had begun his career at Premium Deluxe Motorsport (PDM). During his career at PDM, my client (to the best of his recollection) had no issues during his tenure, did his job in accordance with what little information was privy to him (that is no longer available), and did not have any prior disciplinary action levied against him by the owner of PDM, Fred Jackson. However, on the 11th of June, 2023 when my client was informed that he was terminated from PDM by Fred Jackson.
On June 19th, 2023, Lucifer McCalister requested to reach out to me to discuss the issue in regard to his termination from PDM. My client stated that he was terminated due to an issue that had arisen due to my client's transparency with his employer when Mr. McCalister informed Mr. Jackson of a tip he had received for the sale of a vehicle. This was further compounded on the 21st of June, 2023, when his employer responded to our inquiries. Mr. Jackson explained his justification was due to "issues related to performance and trust."
In accordance with the employment-at-will doctrine, the exception that was noted by Mr. Jackson was "trust" or "Implied Covenant of Good Faith and Fair Dealing." By citing that the issue was due to "trust," Mr. Jackson had eliminated the protection of "at-will" employment because some form of an agreement between Mr. McCallister and Mr. Jackson was broken. Mr. Jackson further stated "One of these major concerns: on several occasions, a (PDM) Manager faced difficulties in receiving business commissions from Mr. McCallister, and the payments were often delayed. It was expected that Mr. McCallister would promptly pay or be able to pay the business commissions for each transaction upon request. However, Mr. McCallister consistently failed to fulfill this expectation during his employment. The matter was discussed with Mr. McCallister, and he was provided with corrective measures to address the issue. Unfortunately, these problems persisted and ultimately led to his termination."
On that same day, we made an attempt to request Mr. Jackson to "provide my client with a letter of termination of employment, citing this information and specific dates in question." This was to clarify what allegations Mr. Jackson was making. We gave Mr. Jackson ample time to review the request made on the 21st of June and after requesting a follow-up on the 24th of June, Mr. Jackson had an attorney, Mr. Trevor Bates, reply to us and he refused to accommodate the request for a letter. Mr. Bates further alleged my client "violated our conduct at our business."
Both the defendant and his attorney at the time, Mr. Trevor Bates had inferred that an agreement had been broken, because "trust" was an issue. We asked for cited incidents on the broad allegations cited, but instead of clarification, it was apparent that my client, Mr. Lucifer McCalister, was wrongfully terminated on allegations that are under the "Implied Covenant of Good Faith and Fair Dealing."
My client enjoyed his employment at PDM prior to this and he was striving for a higher position in the company to further aid in the company's growth. My client had no intention of violating any terms of his employment and had no intention of leaving the company for another. However, his aspirations were cut short and as he was a salesman at PDM, he had relied on that employment to assist in the cost of living. My client lost wages and asserted that the commissions he was drawing in daily, were about $15,000 or more on a 7-day weekly shift. Because of these lost wages, my client has had to find other means of employment to be able to afford his personal expenses.
We seek relief from such conduct that businesses may try to assert and attempt to take advantage of the "At-Will" employment without truly understanding the reasoning and exceptions to the rule.
Relief Lost Wages - $250,000.00
Attorney Fees - $50,000.00
Total Damages Amount $ $300,000.00
Evidence Exhibit A - Initial Contact and Response on the 20th of June, 2023
https://i.gyazo.com/9949a53026b054362201c8aac8ad38ae.png
Exhibit B - Defendant's Reply and Our Response on the 21st of June, 2023
https://i.gyazo.com/97e7f4a6de2c0a0ff0bc76b950fdf128.png
Exhibit C - Defendant's Attorney's Response and Our Reply on the 24th of June, 2023
https://i.gyazo.com/f9ace372b38f6ac4de0bcec71c2536d0.png
I am an Attorney Yes
Name of Attorney Elisha Wesler
Bar Number 23-0106
Telephone Number 758-460-1532
Signed Elisha Wesler
