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Posted by: Chandra Williams on Jul 23, 2015

Court: TN Court of Appeals

Attorneys 1:

Christopher F. Donovan, Memphis, Tennessee, for the appellant, Stacy Foster-Henderson.

Attorneys 2:

Robin H. Rasmussen and Peter D. Baskind, Memphis, Tennessee, for the appellee, Memphis Health Center, Inc.

Judge(s): STAFFORD

This appeal involves a contract for employment entitling the employee to sixty days advance notice of the employer’s decision to terminate the contract and six months additional salary from the date of the termination. The employer argued that the termination was effective in May 2005 and, therefore, that the employee had been fully compensated pursuant to the contract. The trial court ruled that the termination occurred in June 2005 and awarded employee damages equivalent to two months’ salary. We conclude that the evidence preponderates in favor of finding that the employee did not receive the requisite notice of the termination of her employment until September or October 2005 at the earliest. Accordingly, we reverse the judgment of the trial court and award employee damages equivalent to six months’ salary, as well as partial prejudgment interest. Reversed and remanded.