Robert Portell v. AmeriCold Logistics, LLC

Opinion from 8th Circuit Court of Appeals


Opinion from 8th Circuit Court of Appeals affirming US District Court granting plaintiff's motion for summary judgment. Plaintiff sought to recover severance benefits from former employer. Employment contract stated that notices regarding renewal of employment agreement had to be given within 90 days of anniversary date of agreement. Employer gave notice of termination of agreement more than 90 days before anniversary date, but then rescinded termination less than 90 days before anniversary date. Employee disregarded rescission, and stopped working on anniversary date of agreement. Court stated that rescission less than 90 days before anniversary date was a nullity, and that plaintiff bargained for advance notice date.

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Published In: Labor & Employment Updates

Reference Info:Decision | Federal, 8th Circuit, Missouri | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Brian Barjenbruch has been a practicing attorney since 2002. Mr. Barjenbruch is licensed to practice... View Profile »

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