Wall Systems, Inc. v. Pompa

154 A.3d 989 (2017)

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Wall Systems, Inc. v. Pompa

Connecticut Supreme Court
154 A.3d 989 (2017)

  • Written by Rose VanHofwegen, JD

Facts

Wall Systems, Inc. (plaintiff) sued former employee William Pompa (defendant) for working side jobs for a competitor and allegedly demanding kickbacks from Wall Systems’ subcontractors. Wall Systems had paid Pompa well for a decade for estimating jobs and negotiating subcontracts. When a new owner stepped in and cut Pompa’s compensation, Pompa began taking side jobs as an independent contractor. When Wall Systems began suspecting Pompa was collecting kickbacks five years later, it terminated him, then sued to recover the amounts Pompa earned during those five years both from Wall Systems and from its competitor. The trial court awarded Wall Systems damages of approximately $88,000 but declined to order forfeiture or disgorgement of the total amounts Pompa had made, reasoning that Pompa was not working for the competitor at times he was supposed to be working for Wall Systems and that Wall Systems had not proven the kickbacks. Both sides cross-appealed.

Rule of Law

Issue

Holding and Reasoning (Rogers, C.J.)

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