Judgment: LARIMORE , SONYA vs ACADEMY OF CERTIFIED HEALTH PROFESSIONALS et al

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                                IN THE CIRCUIT COURT OF JASPER COUNTY, MISSOURI
                                                           DIVISION II, AT JOPLIN

                  SONYA LARRIMORE,                                               )
                           as Personal Representative of the                     )                       FILED
                                                                                                 Melissa Holcomb - Clerk
                           Estate of Leland Larrimore,                           )                     11/30/2017
                                                                                 )         JASPER COUNTY CIRCUIT CLERK
                                    Plaintiff,                                   )                 JOPLIN, MISSOURI
                                                                                 )
                  v.                                                             )        Case No. 14AO-CC00073
                                                                                 )
                  NAHCA, INC., and ACADEMY OF                                    )
                  CERTIFIED HEALTH PROFESSIONALS,                                )
                                                                                 )
                                    Defendants.                                  )

                                                                    JUDGMENT

                           On this 2nd     day of November, 2017, plaintiff Sonya Larrimore, Personal Representative
                  of the Estate of Leland Larrimore appears in person and with attorney Raymond Lampert,
                  defendants NAHCA, Inc., and Academy of Certified Health Professionals appear by corporate
                  representatives Lori Porter and Lisa Sweet, and with attorney Peter Edwards.                  Hearing held.
                  Evidence adduced.

                           The court finds that Sonya Larrimore is the personal representative of the Estate of
                  Leland Larrimore (hereafter “Larrimore”) who passed away on June 13, 2013.                     Mr. Larrimore
                  was an employee of defendant Academy of Certified Health Professionals (hereafter
                  “Academy”).      His employment began in July, 2012 with the title of Senior Vice President of
                  Business Development.         In September, 2012, Larrimore and Academy executed an Employment
                  Agreement outlining his title, duties and salary.         There were two provisions regarding separation
                  of employment.      The issue in this case is whether Larrimore voluntarily terminated his
                  employment or whether he was terminated with cause.

                           In spring, 2012, two events occurred near the same time.             In April Academy decided it
                  could no longer afford to pay Larrimore’s salary.           It was going to eliminate the position of Senior
                  Vice President of Business Development.            This was communicated to Larrimore and discussions
                  began about restructuring his position and salary.           Larrimore was also experiencing health issues.
                  In May he went to the doctor and it was clear he had serious issues.              Things got crazy and he
                  stopped coming in to work.

                           On May 15, 2012, Lori Porter, President of Academy, sent an email to Larrimore stating
                  that they needed to discuss his position.        The financial condition of the company could no longer
                  support his position.     The critical email came from Dennis Magdaleno and was sent on May 24,
                  2012.   On that day Larrimore emailed regarding two new contracts.                Mr. Magdaleno’s initial
                  response requested Larrimore to bring in any Academy owned equipment, including computer,
                  cell phone and credit card.      In his email sent to Larrimore at 4:32 p.m., Magdaleno stated that
                  Larrimore had no job as of May 15, 2012.

                           On that day Larrimore had reported two new contracts.               That is not the act of someone
                  who had resigned from an employer.            Academy had legitimate reasons to terminate Larrimore’s
                  employment due to its financial position.          The court finds that Larrimore’s employment was
                  terminated for cause on May 15, 2017.

                           The Employment Agreement provided an annual salary of $85,000, or $7,083.33 per
                  month.    The termination for “just cause” obligated Academy to pay Larrimore his base salary for
                  three months, or a total of $21,250.00.        The parties have stipulated that vacation and sick time
                  has been paid.

                  Therefore, it is:

                           ORDERED, ADJUGDED AND DECREED that plaintiff                           have judgment against
                  defendants NAHCA and Academy of Certified Health Professionals in the amount of Twenty
                  One Thousand Two Hundred Fifty Dollars and No Cents ($21, 250.00), along with her costs
                  incurred therein.

                  Let execution issue.

                  November 30, 2017


                                                                        _____________________________
                                                                        Honorable Dean G. Dankelson
                                                                        Circuit Judge