Ryan Homes Worker’s Unearned Pay Dooms Failure-to-Rehire Lawsuit

NVR Inc. defeated a sales representative’s claims that his mental health issues caused him not to be rehired by pointing to the former employee’s failure to repay $22,000 in unearned commissions.

The plaintiff acknowledged that he understood repaying that amount to the company, which does business as Ryan Homes, was “a condition of reemployment,” the US District Court for the Eastern of North Carolina said. His failure to repay the commissions meant that he didn’t sufficiently allege that he was otherwise qualified for the six jobs he sought notwithstanding his bipolar depression, generalized depression, and generalized anxiety, the court said. ...