An award of prejudgment interest under a breach of contract claim for unpaid wages does not bar a plaintiff from also recovering liquidated damages under the Wage Payment and Collection Law, a deeply divided Pennsylvania Superior Court en banc has ruled.
In Andrews v. Cross Atlantic Capital Partners, plaintiff Nicholas D. Andrews sued his former employer, private equity fund Cross Atlantic Capital Partners, along with its chief executive officer, Donald R. Caldwell, for breach of contract. Andrews alleged that the defendants had failed to honor their severance agreement after he left the company by failing to pay him his share from subsequent sales of stock in a portfolio company called GAIN Capital, in which he helped negotiate an investment while still an employee of Cross Atlantic.
