SERVICE INVESTORS LTD. v. SCULLY

No. CA 08-1062.

9 So.3d 910 (2009)

SERVICE INVESTORS LIMITED d/b/a Johnson Funeral Home v. Thomas A. SCULLY.

Court of Appeal of Louisiana, Third Circuit.

March 4, 2009.


Attorney(s) appearing for the Case

James Buckner Doyle, Attorney at Law, Lake Charles, LA, for Defendant Appellee, Thomas A. Scully.

Phillip Michael Maneille, Attorney at Law, Lake Charles, LA, for Plaintiff Appellant, Service Investors Limited Johnson Funeral Home.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, and ELIZABETH A. PICKETT, Judges.


SAUNDERS, Judge.

This is a case involving an attempt by an employer to enforce a penalty provision in an employment contract against its former employee. The employment contract has a five-year term and contains a penalty provision that calls for the employee to pay the employer a penalty equal to one year of the employee's current salary should the employee terminate his employment prior to the end of the five-year term.

The employee terminated his employment...

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