Salstein

Salstein v. Ha-Lo Industries, Inc.

Good Law
82 F. Supp. 2d 1080·1999 WL 1447365·1999 U.S. Dist. LEXIS 20876
United States District Court, Northern District of CaliforniaAugust 30, 1999C 98-1486 CRBCalifornia4,287 words

Opinion

Opinion

Breyer, J.

ORDER

This action arises from alleged misrepresentations made to plaintiff Michael Sal-stein by defendant HA-LO Industries when it bought plaintiffs former employer, Red Sail Merchandising (“Red Sail”) in the fall of 1997. Now before the Court is defendant’s motion for summary judgment. Having carefully reviewed the briefs submitted by the parties and having heard argument on August 20, 1999, the Court DENIES summary judgment in part and GRANTS in part.

BACKGROUND

The following is a recitation of the evidence viewed in a light most favorable to the plaintiff.

Prior to the acquisition of Red Sail by HA-LO, Plaintiff was employed as director of sales of the Western Region for Red Sail, an affiliate of the Hyatt Corporation (“Hyatt”). Red Sail developed and sold logo merchandise to Hyatt hotels and resorts, and plaintiff had been employed with either Hyatt or Red Sail for 17 years before the acquisition. Red Sail’s Chief Executive Officer (“CEO”), John Pritzker, described his job performance as “always excellent, and he proved to be highly talented at sales and motivating a sales team.” He worked on a year-to-year “at will” contract that was due to expire on January 31, 1998. The…

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