First Union Securities, Inc. v. LORELLI

N.C. Ct. App.February 1, 2005No. No. COA04-116.Cited 10 times

Plaintiff WinWachovia Securities, Inc. (formerly First Union Securities, Inc.)$196,911.25 awarded

Case Details

Judge(s): Elmore
Status: Published
Procedural Posture: appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wrongful TerminationBreach of Contract

Outcome

Arbitration award in favor of Robert Lorelli was affirmed. The court held that the arbitration panel had authority under NYSE Rule 629 to award attorneys' fees to Lorelli based on the parties' submission agreement and both parties' requests for such fees.

Excerpt

Arbitration and Mediation — arbitration — attorney fees The superior court did not err in a securities broker's defamation, wrongful termination, failure to pay severance benefits, tortious interference with contractual relations, and withholding of referral fees case by affirming an arbitration award granting attorney fees to petitioner even though respondent contends that the arbitration panel lacked the authority to award attorney fees, because: (1) both parties specifically requested attorney fees; and (2) the parties' uniform submission agreement incorporated the New York Stock Exchange (NYSE) Rules, and NYSE Rule 629 allowed a panel of arbitrators to award attorney fees.

What This Ruling Means

**The Dispute:** Robert Lorelli, a securities broker, sued his former employer Wachovia Securities (formerly First Union Securities) after being fired. Lorelli claimed the company wrongfully terminated him, damaged his reputation through false statements, failed to pay promised severance benefits, interfered with his business relationships, and withheld referral fees he was owed. The case went to arbitration rather than court, as is common in the securities industry. **The Court's Decision:** An arbitration panel ruled in Lorelli's favor and awarded him $196,911.25 in damages plus attorney fees. When Wachovia challenged the arbitration decision in court, arguing the arbitrators had no authority to award attorney fees, the North Carolina Court of Appeals disagreed. The court affirmed the arbitration award, finding that the arbitration panel did have the power to award attorney fees under NYSE rules and the parties' agreement. **Why This Matters for Workers:** This case shows that workers can successfully challenge wrongful termination and other workplace violations, even when forced into arbitration. It also demonstrates that arbitration panels can order employers to pay not just damages but also the worker's legal costs, making it more feasible for employees to pursue legitimate claims against powerful employers.

This summary was generated to explain the ruling in plain English and is not legal advice.

Browse more:Wrongful Termination cases Breach of Contract cases

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