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Business Associations Keyed to LoPucki, 2nd Ed.
Wall Systems, Inc. v. Pompa
Citation:
154 A.3d 989 (2017)Facts
William Pompa worked for Wall Systems, Inc. since 1995, eventually becoming head of its exterior insulation finish systems division. His responsibilities included finding jobs, estimating, bidding, hiring subcontractors, and overseeing work. In 2005, Richard Valerio became the company’s owner, after which Pompa felt he received less compensation than deserved. Dissatisfied with his reduced income, Pompa began working for MK Stucco, a competitor of Wall Systems, as an independent contractor doing estimating work without informing his employer. From 2005 to 2010, Pompa received approximately $89,782 from MK Stucco while earning about $894,000 from Wall Systems. Additionally, Pompa engaged in a kickback scheme with B-Jan, a subcontractor, whereby he increased contract prices and demanded that half of the additional amount be returned to him in cash. In 2010, Wall Systems discovered Pompa’s activities, terminated his employment, and filed suit against him for breach of duty of loyalty, conversion, statutory theft, and fraud.
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