states that Plaintiff’s conduct was calculated to cause and did cause Defendant to suffer serious emotional stress proximately resulting from its actions. As a proximate result of the actions of Plaintiff complained of herein, Defendant has suffered the loss of his job position, past and future wages and benefits, diminished earning capacity, professional damage, and great mental and emotional stress, anxiety, humiliation and embarrassment COUNTERCLAIM II-BREACH OF CONTRACT Defendant incorporates each and every allegation contained in paragraphs 1 through 11 of the Counterclaims by reference in its entirety as if fully restated herein. Defendant and Plaintiff had an employment contract, by which removal of Defendant from his position as an officer of Plaintiff, required a vote of the shareholders of the corporation. (Exhibit 1) Pursuant to the Plaintiff’s Bylaws (Exhibit 2), every shareholder is entitled to a vote in person or by proxy, with 10 days notice to each shareholder before a vote is to take place. Plaintiff breached its contract with Defendant when it failed to provide notice of a meeting to Defendant, and did not hold a valid vote to remove Defendant from his position as Chief Operating Officer and Secretary. For Plaintiff’s breach, Defendant is entitled to be compensated for performance under the contract. WHEREFORE, Defendant prays for relief with judgment against Plaintiff for compensatory and general damages in an amount exceeding the sum of $25,000.00, plus interest
states that Plaintiff’s conduct was calculated to cause and did cause Defendant to suffer serious emotional stress proximately resulting from its actions. As a proximate result of the actions of Plaintiff complained of herein, Defendant has suffered the loss of his job position, past and future wages and benefits, diminished earning capacity, professional damage, and great mental and emotional stress, anxiety, humiliation and embarrassment COUNTERCLAIM II-BREACH OF CONTRACT Defendant incorporates each and every allegation contained in paragraphs 1 through 11 of the Counterclaims by reference in its entirety as if fully restated herein. Defendant and Plaintiff had an employment contract, by which removal of Defendant from his position as an officer of Plaintiff, required a vote of the shareholders of the corporation. (Exhibit 1) Pursuant to the Plaintiff’s Bylaws (Exhibit 2), every shareholder is entitled to a vote in person or by proxy, with 10 days notice to each shareholder before a vote is to take place. Plaintiff breached its contract with Defendant when it failed to provide notice of a meeting to Defendant, and did not hold a valid vote to remove Defendant from his position as Chief Operating Officer and Secretary. For Plaintiff’s breach, Defendant is entitled to be compensated for performance under the contract. WHEREFORE, Defendant prays for relief with judgment against Plaintiff for compensatory and general damages in an amount exceeding the sum of $25,000.00, plus interest
Third%20Party%20Complaint.docx