Fletcher, Barnhardt & White, Inc. v. Matthews

LEWIS, Judge.

The issue before this Court is whether the trial court erred when it concluded that appellant was personally liable for the deficit in his draw account. Defendant argues that the trial court erred in concluding that he owed the plaintiff the deficit reflected in his draw when he resigned from plaintiff because of (1) the existence of an express contract; (2) the existence of an implied-in-fact contract; and (3) defendant’s breach of a fiduciary duty owed to plaintiff. We address each of these assignments in turn.

We first note that the question of whether an employee is liable to…