Mark J. Swerdlin successfully defended a floor covering distributor against an appeal of a trial verdict in its favor

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Mark J. Swerdlin successfully defended a floor covering distributor against an appeal of a trial verdict in its favor. The estate of a deceased long-term employee sued for vacation and other PTO that was unused as of the employee’s termination due to his death. After a trial on the merits the trial court ruled in the Company’s favor and dismissed the case because the Company acted in accordance with its published policies that provide that unused vacation and personal days are not paid at termination. The appellate court upheld the trial court’s verdict.