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Employment – breach of contract

Wisconsin Court of Appeals


Employment – breach of contract

Even though an employee deleted files to hide medical malpractice, he is entitled to severance pay, where the employment contract did not list that misconduct as grounds for termination without severance.

“The contract expressly limited Aurora’s ability to immediately terminate Ashker to seven, specific events, none of which the parties allege to have occurred.  The contract further allowed Aurora to terminate Ashker for a ‘material breach or violation of its terms,’ provided that Aurora give Ashker thirty days’ written notice and opportunity to cure the breach.  Aurora did not do this.  The only remaining manner in which Aurora could unilaterally terminate Ashker’s employment was by resorting to the catch-all ‘without cause’ section of the employment agreement, under which it was obligated to provide ninety days’ notice or pay.  Aurora provided notice when it told Ashker his employment was being terminated.  The court properly ordered Aurora to pay Ashker for ninety days of work, which he was due under the ‘without cause’ provision of the employment agreement.”


Recommended for publication in the official reports.

2012AP2245 Ashker v. Aurora Medical Group, Inc.

Dist. II, Winnebago County, Gritton, J., Reilly, J.

Attorneys: For Appellant: Scullen, Sean M., Milwaukee; Heeren, Courtney R., Milwaukee; For Respondent: Duimstra, Robert N., Appleton; Wolske, Christopher D., Appleton; Teeling, Brenton D., Appleton

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