Nature of Proceedings: Demurrer and Motion to Strike First Amended Complaint
Defendant Landmark Global, Inc. (Landmark) is in the business of providing shipping and delivery services both in the United States and globally. (First Amended Complaint [FAC], � 4.) On January 13, 2013, plaintiff Wayne Douglas Pilkington, aka Doug Pilkington, entered into a written agreement with Landmark. (FAC, � 5 & exhibit 1.) Pilkington was employed by Landmark from January 14, 2013, to December 27, 2013, with the job title of Major Account Executive. (FAC, � 6.)
The January 13, 2013, agreement provides: �Your employment is at-will. This means that either you or Landmark may end your employment at any time, with or without cause, and with or without notice.� (FAC, exhibit 1, p. 3.)
The January 13, 2013, agreement provides for a commission draw of $16,667 per month until May 14, 2013, of $12,500 per month from May 15, 2013, to January 14, 2014, and no draw thereafter. (FAC, exhibit 1, p. 6.) Pilkington
Hearing Date
September 19, 2014
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Nature of Proceedings: Demurrer and Motion to Strike First Amended Complaint
Defendant Landmark Global, Inc. (Landmark) is in the business of providing shipping and delivery services both in the United States and globally. (First Amended Complaint [FAC], � 4.) On January 13, 2013, plaintiff Wayne Douglas Pilkington, aka Doug Pilkington, entered into a written agreement with Landmark. (FAC, � 5 & exhibit 1.) Pilkington was employed by Landmark from January 14, 2013, to December 27, 2013, with the job title of Major Account Executive. (FAC, � 6.)
The January 13, 2013, agreement provides: �Your employment is at-will. This means that either you or Landmark may end your employment at any time, with or without cause, and with or without notice.� (FAC, exhibit 1, p. 3.)
The January 13, 2013, agreement provides for a commission draw of $16,667 per month until May 14, 2013, of $12,500 per month from May 15, 2013, to January 14, 2014, and no draw thereafter. (FAC, exhibit 1, p. 6.) Pilkington