(DOWNLOAD) "Jet Courier Service Inc. V. Mulei" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Jet Courier Service Inc. V. Mulei
- Author : Colorado Supreme Court
- Release Date : January 20, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
In Mulei v. Jet Courier Service, Inc., 739 P.2d 889 (Colo. App. 1987), the Colorado Court of Appeals affirmed the trial court's decision that the respondent, Anthony Mulei, did not breach any duty of loyalty to his employer, Jet Courier Service, Inc. (Jet), when he organized another company, American Check Transport, Inc. (ACT), to compete with Jet in the air courier business. The court of appeals also affirmed the trial court's award of unpaid compensation due Mulei under his employment contract with Jet, plus a fifty-percent statutory penalty pursuant to section 8-4-104(3), 3B C.R.S. (1986). Finally, the court of appeals agreed with the trial court that as a matter of law, neither Mulei nor ACT engaged in a civil conspiracy to harm Jet's business interests. We granted Jet's petition for certiorari to review the court of appeals' resolution of these issues. We now conclude that the court of appeals and the trial court applied unduly narrow legal standards in determining what actions constitute a breach of an employee's duty of loyalty to his employer. Accordingly, we reverse the judgment of the court of appeals with respect to the issues upon which we granted review. Because the trial court's findings of fact are insufficient to determine whether Mulei breached his duty of loyalty, we remand the case for retrial consistent with the standards announced in this opinion.
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