Ingwersen v. Planet Group, Inc.

2011 WL 2623501 (2011)

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Ingwersen v. Planet Group, Inc.

United States District Court for the District of Nebraska
2011 WL 2623501 (2011)

Facts

David Ingwersen (plaintiff) worked for Planet Group, Inc. (defendant). The parties’ employment agreement allowed Planet to fire Ingwersen only if it had cause. Planet had cause to fire Ingwersen only if he violated the terms and conditions of a related agreement called the Share Purchase Agreement (SPA). Planet was also required to notify Ingwersen in writing of its intent to fire him, explain why he was being fired, and allow him 30 days to cure his conduct. Planet decided to fire Ingwersen without cause, notified him of its decision, and offered him a severance package. Rather than accept the severance package, Ingwersen sued Planet for breach of contract and requested lost wages and benefits. Planet counterclaimed, arguing that after it fired Ingwersen, it discovered that he had breached the SPA. Thus, Planet argued, if it had known of Ingwersen’s breach prior to firing him, his firing would have been for cause. Ingwersen alleged that Planet had learned of his alleged breach of the SPA prior to firing him but had chosen to ignore the breach, and the parties presented conflicting evidence concerning this issue. Planet moved for summary judgment, asking the court to dismiss Ingwersen’s lawsuit.

Rule of Law

Issue

Holding and Reasoning (Camp, J.)

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