Pickering v. El Jay Equipment Co., Inc.

SWANSTROM, Judge.

Jack Pickering brought this suit against his former employer El Jay Equipment Company and Cecil, Merle and Val Loft-house to recover on a promissory note and to recover back wages. El Jay counterclaimed, seeking an accounting for breach of fiduciary duty. The district court held that the note was not supported by consideration and was thus unenforceable. On El Jay’s counterclaim, the court held that Pickering had indeed breached his fiduciary duty to the corporation and awarded damages against him. The court offset those damages by amounts owed for back wages. Pickering has…