Gill v. Rana, 2017 Ohio 591

Kulwinder Gill began managing State Street Market (owned by Rakesh Rana / State Street Market, Inc.) on February 12, 2010; he supervised hiring, firing, payroll and worked long hours.
A written draft contract allegedly provided $3,333/month plus profit shares; parties disputed whether it was signed. Gill testified there was an understanding he would take a salary when the store had cash flow.
Gill was unpaid from Feb 12, 2010 through Nov 26, 2010 (≈40 weeks). Beginning late Nov. 2010 he and his wife were paid $1,000 per week; Gill worked until a March 2011 auto accident ended his employment.
Trial court conducted bifurcated bench trials (liability then damages). After liability phase the court found Gill did not waive his right to compensation for the unpaid 40 weeks; at damages the court awarded $1,000/week for 40 weeks ($40,000) jointly and severally against Rana and State Street Market.
Appellants appealed, arguing (1) Gill waived his right to compensation for Feb–Oct 2010 and (2) the $40,000 award was unsupported by the evidence.

Issue	Plaintiff's Argument (Gill)	Defendant's Argument (Rana/State Street)	Held
Whether Gill waived his right to compensation for Feb–Oct 2010	No waiver; agreement was to wait until store had cash flow; no written waiver; Rana expected to pay him	Gill voluntarily worked unpaid to prove himself and therefore waived claims for that period	Court: No waiver — competent, credible evidence supports finding Gill did not waive his right to compensation
Whether $40,000 ($1,000/week × 40 weeks) is supported	$1,000/week was the reasonable measure; Rana himself testified $40,000 was the agreed salary and that later $1,000/week compensated unpaid time	Award is excessive and not supported by evidence of reasonable value	Court: Award affirmed — testimony (including Rana’s) provided a reasonable basis for $1,000/week, totaling $40,000

C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (trial-court factual findings will not be reversed if supported by some competent, credible evidence)
Myers v. Garson, 66 Ohio St.3d 610 (deference to trial court on credibility determinations)
Seasons Coal Co. v. City of Cleveland, 10 Ohio St.3d 77 (trial judge best positioned to observe witnesses and evaluate credibility)
State ex rel. Wallace v. State Med. Bd. of Ohio, 89 Ohio St.3d 431 (definition of waiver as voluntary relinquishment of a known right)
Chubb v. Ohio Bur. of Workers' Comp., 81 Ohio St.3d 275 (waiver requires opportunity to choose between relinquishing or enforcing a right)
White Co. v. Canton Transp. Co., 131 Ohio St. 190 (waiver requires a clear, unequivocal, decisive act by the party against whom waiver is alleged)