Question
On February 6, 2013, Danial Farris filed a claim against International Paper Company (IP), alleging that IP failed to to pay vested vacation wages upon
On February 6, 2013, Danial Farris filed a claim against International Paper Company (IP), alleging that IP failed to to pay vested vacation wages upon termination.
On May 30, 2014, IP field a third-party claim against Yeghia Bekiarian, a former managerial employee. IP argued that Bekiarian was responsible for the liability for vacation wages by not only promising Farris that he would be entitled to paid vacation, but then instructing human resources employees not to provide paid vacation for IP's sales representatives, of which Farris was a member.
Bekiarian field an answer asserting that since the claim against IP arose from Bekiarian's actions as an employee of IP, IP was required to reimburse and indemnify him.
[Daniel Farris v. International Paper Company, et ai., 2014 U.S. Dist. LEXIS 143607.]
Do you think Bekiarian should be indemnified for his actions which led to Farris's claims?
Keep in mind that Farris did not include Bekiarian in his action against IP. How did the court decide on the third-party claim between IP and Bekiarian?
What was the court's reasoning?
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