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Rosenthal Law Group Prevails at Trial and Obtains a Final Judgment in the Amount of $539,341.80 Against Former Employee for His Breach of His Fiduciary Duty of Loyalty Owed to His Employer During the Employment Relationship

Rosenthal Law Group is pleased to announce that it has prevailed following a three-day trial before the Honorable Circuit Court Judge Jeffrey Levenson in the 17th Judicial Circuit in and for Broward County, Florida resulting in a final judgment for its client, Union Chemical Industries Corp. (“UCI”) in the amount of $539,341.80.

Rosenthal Law Group initiated a lawsuit against UCI’s former employee for breach of his fiduciary duty of loyalty owed to his full-time employer, UCI, during their employment relationship due to the former employee working for and receiving monies from painting contractors while employed as full-time UCI paint salesperson. UCI is a fifty-year-old, third-generation family-owned professional paint manufacturer that manufactures and distributes paint and paint products for a wide array of markets, clients, and projects throughout South Florida. UCI’s policies and procedures forbid the former employee from working elsewhere, representing any other companies’ interests, avoiding any situation in which his loyalty may be divided and required the former employee to promptly disclose any situation where an actual or potential conflict may exist, and prohibited the former employee from favoring any contractors, and from accepting compensation from any of UCI’s customers. UCI sought disgorgement of all monies that the former employee received between 2020 through 2022. This included monies paid to the former employee by entities other than UCI while he was employed as a full-time UCI paint salesperson as well as forfeiture of all compensation paid to the former employee by UCI during this time period.

On February 13, 2024, the Honorable Judge Jeffrey Levenson entered a final judgment stating that UCI “met its burden by not only a preponderance of the evidence but also by overwhelming evidence that the Defendant willfully breached his fiduciary duty of loyalty owed to the Plaintiff.” The Final Judgment further stated that “based on the egregiousness of the facts in this case and the Defendant’s despicable conduct, the Court exercises its equitable powers and discretion to award disgorgement of all monies that Defendant received during the period of his disloyal conduct between 2020 through 2022. This includes all of the ill-gotten profits paid to Defendant by entities other than the Plaintiff, monies earned by Defendant during his employment by Plaintiff, and a forfeiture of all compensation paid to the Defendant by the Plaintiff.” The final judgment awarded UCI the sum of $539,341.80.

Rosenthal Law Group celebrates this major victory along with its client. The trial was handled by Alex P. Rosenthal and Amanda J. Jones.