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Ayala v. Aerotek, Inc.

United States District Court, D. Minnesota

January 3, 2017

CHRISTOPHER AYALA, Plaintiff,
v.
AEROTEK, INC., Defendant.

          Richard Thomas Jellinger, Jellinger Law Office, Counsel for Plaintiff.

          Stephanie D. Sarantopoulos and Joseph D. Weiner, Littler Mendelson, PC, Counsel for Defendant.

          MEMORANDUM OF LAW & ORDER

          Michael J. Davis United States District Court Judge

         I. INTRODUCTION

         This matter is before the Court on Defendant's Motion to Enforce Settlement Agreement. [Docket No. 14] The Court heard oral argument on October 7, 2016.

         II. BACKGROUND

         A. Factual Background

         Plaintiff Christopher Ayala was employed by AECOM/GSS, Ltd. as a safety coordinator for a one-year contract beginning in April 2013. (Compl. ¶ 8.)

         Plaintiff's assigned work location for the term of his employment was in Afghanistan. (Id. ¶ 9.)

         Defendant Aerotek, Inc., (“Aerotek”) is a staffing company with office locations in Minnesota. (Compl. ¶¶ 5-6.) Aerotek offers contract-to-hire opportunities for applicants and places applicants with a client employer, which may offer permanent employment to the applicant at the end of the contract. (Id. ¶ 6.)

         On or about October 15, 2013, Aerotek emailed Ayala regarding contract-to-hire employment. (Compl. ¶ 10.) After negotiations with Aerotek, Ayala resigned from his job in Afghanistan and incurred travel expenses to travel to Minnesota for a new job with Aerotek. (Compl. ¶¶ 11-20, 23.) However, ultimately, Aerotek informed Ayala that the position they had discussed was no longer available but that positions paying less money with no guarantee of hours might become available. (Id. ¶¶ 20-22, 24-26.)

         B. Procedural History

         1. The Current Lawsuit

         On June 26, 2015, Ayala commenced a lawsuit against Aerotek in Ramsey County District Court. (Notice of Removal ¶ 1.) His Complaint alleges Count 1: Violations of Minnesota Statute Sections 181.64-.65, Count 2: False Inducement of Employment, Count 3: Negligent Representation, and Count 4: Promissory ...


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