The worker’s claim for punitive damages based on alleged bad faith hiring was unsuccessful. The court concluded:
“I find that no misrepresentations were made to [the employer]. There was no evidence that the [worker] made any inquiries about the status of [the employer’s] sales.”
While sales to one major customer had declined by September 2023, problems with the other customer didn’t emerge until January 2024, after his hiring.
After considering all circumstances, the court calculated total damages at $16,800 for 12 weeks’ notice at $1,400 per week. However, after accounting for one week’s severance already paid ($1,400) and income earned at the new employer ($10,800), the net award was $4,600 plus prejudgment interest.
The court stated: “Taking these factors into consideration, I come to the conclusion that the [worker] was not induced to leave his employment with [his previous employer] such that he should be entitled to an enhanced period of notice.”