The Barrett & Farahany, LLP law firm filed a Complaint for Damages on December 18th, 2013, against SEE Baby, LLC in The Superior Court of Fulton County State of Georgia for Breach of Contract under Georgia state law on behalf of their client (Plaintiff).
The Plaintiff worked for SEE Baby as a physician from November 1, 2012 to January 2, 2013. When first hired, she signed an employment contract with SEE Baby for a series of successive 12-month terms starting on November 1 of each year for an agreed-upon annual salary of $250,000 for the first year, $275,000 for the second year, and $300,000 for each successive year, along with certain bonuses.
SEE Baby's employment contract listed nine termination clauses, along with a tenth ‘catch-all' clause which said they could terminate her employment if she breached any ‘material provision of the agreement' and failed to remedy this breach within thirty days after receiving written notice from SEE Baby detailing the events of the breach.
SEE Baby's employment agreement also said they could, without cause, terminate the agreement by giving her 60 days written notice and her termination would be effective 60 days after receiving the notice.
On January 2, 2013, the President of SEE Baby sent the Plaintiff a text message telling her she was terminated, effective immediately. He never provided her with a written notice explaining the circumstances of what they considered to be her breach of contract, give her 60 days written notice, and did not pay her for the 60 days following her termination.
By terminating Plaintiff's employment without cause and without prior written notice, SEE Baby breached its employment contract with Plaintiff. They acted in bad faith by refusing to pay Plaintiff the amount owed under the employment contract, or to even discuss this matter with her or her counsel.
Because of SEE Baby's stubbornly litigious actions, Plaintiff should be awarded her attorneys' fees and expenses of litigation under O.C.G.A. § 13-6-11.
PDF Version of Complaint IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA KIRSTIE CUNNINGHAM, Plaintiff, v. SEE BABY, LLC, Defendant.Civil Action No.2013CV240408JURY TRIAL DEMANDED COMPLAINT FOR DAMAGES COMES NOW, Plaintiff, by and through undersigned counsel, and files this her Complaint for Damages, and shows the Court as follows:
NATURE OF COMPLAINT
1. Plaintiff brings this action to obtain full and complete relief and to redress the breach of contract under Georgia state law. 2. This action seeks declaratory relief, compensatory and actual damages for Defendant's failure to honor the contract described herein between Plaintiff and Defendant.
JURISDICTION AND VENUE
3. Defendant See Baby, LLC is a Georgia limited liability company located at 550 Peachtree Street I Suite 1165 I Atlanta, GA 30308 in the county of Fulton. Accordingly, venue in this Court is proper. 4. Defendant may be served in the State of Georgia via its registered agent, Vision West Consulting, LLC. Defendant is, therefore, within the jurisdiction of this Court.
5. Plaintiff is a resident of the State of Georgia.
6. Defendant employed Plaintiff as a physician from November 1, 2012 to January 2, 2013 under the terms of the employment contract described herein.
7. Plaintiff was hired by Defendant on October 1, 2012 (effective November 1, 2012) as a physician. Upon her hire, Plaintiff signed an employment contract with Defendant for a series of successive 12-month terms starting on November 1 of each year.
9. The agreed-upon annual salary under the contract was $250,000 for the first year, $275,000 for the second year, and $300,000 for each successive year, along with certain bonuses.
10. The employment contract listed provided means by which either party could terminate the employment “for cause” and “not for cause.”
11. The employment contract listed nine (9) events which would constitute “cause” for Defendant to terminate Plaintiff's employment, along with a tenth catch-all clause that finds “cause” for termination if “Employee breaches any material provision of this Agreement and fails to remedy same within a reasonable period [not to exceed thirty (30) days] after receipt of written notice from the Corporation specifying in detail the nature of Employee's breach.” None of the nme (9) specified events constituting “cause” Plaintiffs termination occurred.
13. Defendant never provided Plaintiff with written notice that she had breached any material provision of the employment contract.
14. The employment contract further provided that Defendant “may, without cause, terminate this Agreement by giving Employee sixty (60) days' written notice” and “such termination shall be effective on the sixtieth (60th) day following the date of such notice.”
15. On January 2, 2013, Dr. Brad Bootstaylor, Defendant's President, terminated Plaintiffs employment via a text message to Plaintiffs cell phone.
16. Plaintiffs termination was effective immediately. Defendant did not provide her with 60 days' written notice and did not pay her for the 60 days following her termination. In terminating Plaintiff's employment without cause and without prior written notice, Defendant breached its employment contract with Plaintiff's.
CLAIM FOR RELIEF BREACH OF CONTRACT
18. Plaintiff re-alleges the preceding paragraphs as if set forth fully herein.
19. The parties entered into a contractual arrangement in which Defendant agreed to employ Plaintiff for a successive annual terms, to compensate Plaintiff according to the terms listed in Paragraph 9, above, and to provide 60 days' written notice before any “without cause” termination. 20. In exchange, Plaintiff agreed to provide professional medical services to Defendant.
21. Plaintiff complied with all conditions precedent and other requirements of the employment contract. By terminating Plaintiff's employment without prior written notice and without cause, Defendant breached the employment contract.
CLAIM FOR RELIEF
ATTORNEYS' FEES AND EX PENSES OF LITIGATION, O.C.G.A. § 13-6-11
23. Plaintiff re-alleges the preceding paragraphs as if fully set forth herein.
24. Defendant has acted in bad faith by refusing to pay Plaintiff the amount owed under the employment contract, or to even discuss this matter with Plaintiff or her counsel. Defendant's bad faith refusal has caused Plaintiff to endure the unnecessary trouble and expense of filing the instant Complaint.
25. Because of Defendant's stubbornly litigious actions, Plaintiff should be awarded her attorneys' fees and expenses of litigation under O.C.G.A. § 13-6-11.
WHEREFORE, Plaintiff respectfully requests judgment as follows:
(a) Trial by jury as to all issues;
(b) Declaratory relief to the effect that Defendant has violated Plaintiffs contractual rights;
(c) Damages for breach of contract;
(d) Prejudgment interest at the rate allowed by law;
(e) Reasonable attorney's fees and expenses oflitigation; and
(f) All other relief to which she may be entitled.
Respectfully submitted the 18th day of December, 2013.