Elliott v. Kiwanis Club of Western Kings Inc.

Similar to the Hampton case, this was also a wrongful dismissal claim in which “Wallace Factor” damages were awarded to our client, Ms. Elliott. The significance of the decision, which has also been referenced in text books and academic articles, lies in the fact that Ms. Elliott was a seasonal employee of the Defendant’s campground operation. In spite of the unusual (and less constant) employment relationship which existed between the parties, the Court found that Ms. Elliott had been subjected to “bad faith” treatment by the employer, which essentially “barred” her from the campground. By restricting her from entry to its campground, the employer negatively affected Ms. Elliott’s reputation.