![]() ![]() ![]() Pertinent portions of the affidavit of Michael Wylie are part of the Court's Findings of Fact and are identified later in this Opinion. The Wage Claimants filed an affidavit on Maand Margni did not file a counter-affidavit. On March 26, 2012, the Court entered an Order Setting Deadlines with regard to the filing of affidavits and counter-affidavits. The parties indicated at the March 30, 2012, status conference that they would rely upon affidavits and counter-affidavits in lieu of providing evidence at the scheduled evidentiary hearing. The Court set an evidentiary hearing for Apto allow the parties to present evidence to explain the ambiguity in the vacation pay provision of the Separation Agreement. The Court denied the Trustee's Objections to the Wage Claimants' Claims and concluded that an ambiguity existed with regard to the vacation pay provision of the Separation Agreement. 287) and, on March 8, 2012, the Court entered an Order effectuating such. On February 28, 2012, the Court issued an Opinion Regarding Objections to Severance and Vacation Pay Claims (Docket No. At the conclusion of that hearing, the Court took those matters under advisement. A hearing was held on January 11, 2012, at which the Court heard oral arguments with regard to both the Trustee's and Margni's objections to the Wage Claimants' claims. On November 17, 2011, the Trustee filed objections to the Wage Claimants' claims. The only remaining issue with regard to Margni's objections is whether the Wage Claimants are entitled to payments for earned but unused vacation time under the Separation Agreement. A preliminary hearing was held on January 26, 2011, and additional hearings were held on March 30, 2011, May 25, 2011, and October 4, 2011. In December 2010, Margni served the notices of its objections to those claims. On February 4, 2009, Margni filed objections to the Wage Claimants' claims, but it failed to serve notices of its objections at that time. Various former Robotek employees ("Wage Claimants") filed proofs of claims for the amounts owed to them under the terms of the Separation Agreement and sought allowance of their claims as priority claims pursuant to 11 U.S.C. On August 17, 2008, Robotek filed its chapter 7 bankruptcy petition. That entitlement, though, may be subject to setoffs required by the State of Michigan and is solely controlled by the rules of the State of Michigan. Since your termination is a layoff, you may be entitled to receive unemployment compensation. You further acknowledge that, except as specified in this paragraph, you have been fully and properly compensated for all work through today. With regard to other termination benefits, the Separation Agreement provided as follows: Under this arrangement, and except as specifically stated in this letter, you acknowledge and agree that you are not entitled to receive any other benefits or compensation as a terminating employee of the Company under any Company practice, policy, or otherwise, other than: a) your normal compensation for work performed for the period through today b) any earned but unused vacation days as normally payable upon termination, if any c) any expense payments due to you in accordance with our normal expense payment policies, for the period Jthrough today and any retirement contribution required to be made by Robotek on your behalf since its last contribution so made, through today. On July 11, 2008, Robotek issued to its employees a "Notice of Permanent Layoff and Separation Agreement and Full and Final Release" ("Separation Agreement"). Robotek decided to terminate its operations effective upon the close of business on July 11, 2008. Margni also served writs of garnishment on certain customers of Robotek, resulting in accounts receivable being withheld by those customers. On July 8, 2008, Margni served a writ of garnishment on Comerica Bank, and Comerica Bank froze Robotek's account. On June 17, 2008, a judgment was entered against Robotek and in favor of Margni, Inc. Factsįrom October 2001 until July 11, 2008, Robotek Contracting & Consulting, LLC ("Robotek") was in the business of programming industrial robots. Opinion Regarding Objection to Vacation Pay ClaimsÄANIEL S. ![]()
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