The Columbus Clinic PC v. Liss

A jury question remained as to whether an employee's handwritten offer to resign approximately 90 days in the future was an official letter of resignation such that it triggered other aspects of his employment agreement.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this action brought by the Columbus Clinic, P.C., against Dr. Jonathan Liss, a physician and former employee/shareholder, the clinic appeals from the grant of partial summary judgment to Liss on the issue of the enforceability of a non-compete covenant in an employment agreement.1 The trial court found that the clinic breached the employment agreement when it terminated Liss and then failed to compensate him as required by the agreement; the trial court therefore concluded that the clinic was estopped from enforcing the non-compete covenant.2 We find that genuine issues of material fact remain regarding whether the clinic terminated Liss or simply shortened his active employment period after Liss resigned. We therefore reverse the trial court’s grant of partial summary judgment on this issue.

The record shows that Liss and the clinic executed the employment agreement in issue on July 30. 1996. Under Paragraph 15 of the agreement, the clinic had the right to terminate Liss’s employment either with or without cause. If the clinic terminated Liss without cause, 60 days notice was required. If the clinic were to terminate Liss for cause, no notice was required, and the effective termination date would be the date of delivery of the written notice. Liss had the right to terminate the agreement “at any time upon thirty 30 days written notice to Employer and, except as otherwise provided in this Section 15, Employer shall be obligated only to continue to pay Employee his compensation up to the date of termination.” In addition, the agreement provided:

The Columbus Clinic PC v. Liss

A jury question remained as to whether an employee's handwritten offer to resign approximately 90 days in the future was an official letter of resignation such that it triggered other aspects of his employment agreement.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report