Robert Kirk Waits v. Viersen Oil & Cas Co.

Tulsa, Oklahoma employment law lawyers represented Plaintiff, who sued Defendant on a wage claim theory.



¶1 Plaintiff, Robert Waits, appeals the decision of the district court finding that a bona fide dispute exists regarding his wage claim against Viersen Oil & Gas Co. (Viersen). This appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp. 2014, ch. 15, app. 1, and the matter stands submitted without appellate briefing. On review, we find that this question is not independently justiciable because the underlying wage claim has been dismissed. Hence, we dismiss this appeal.



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¶2 In early 2011, Waits was fired from his position as vice president of Viersen. In August 2011, Waits filed suit against Viersen, alleging, among other issues, that he had been fired without cause, and hence was entitled to a severance payment equivalent to five percent of the value of all issued and outstanding shares of Viersen. Waits sought a doubling of this claim pursuant to 40 O.S.2011 § 165.3, alleging there was no bona fide dispute as to his entitlement to the severance payment. Viersen responded that Waits had been fired for cause and therefore was not entitled to the severance payment. Viersen also raised counterclaims against Waits.



¶3 In November 2013, Viersen filed a motion for partial summary judgment arguing, in part, that there was a bona fide dispute whether Waits had been fired for cause, and hence Waits was not entitled to a doubling of his claim pursuant to § 165.3. The district court granted this motion. Waits then dismissed his remaining claims without prejudice, and Viersen dismissed its counterclaims. Waits now appeals the district court's denial of the § 165.3 damages enhancement.

¶14 An order denying a damages enhancement is not, in itself, an appealable order, nor may it become one if the underlying damages claim is dismissed. As such, we find no appealable order, and no jurisdiction to hear this appeal.



¶15 APPEAL DISMISSED.