Here is the recently-filed complaint, captioned Pako Mikel and Denise Klerx v. Guerlain, Inc. (N.Y. Sup. Ct., N.Y. Cty., Sept. 25, 2014), Index No. 159425-2014, alleging sexual harassment, hostile work environment, and retaliation against French cosmetic company Guerlain Inc. Plaintiffs allege that they were sexually harassed by another employee, and that defendant didn’t do anything to…
Read More Sexual Harassment Lawsuit Against GuerlainIn Cruz v. HSBC Bank USA, N.A., the Second Circuit recently affirmed the dismissal of a bank officer’s claim of breach of the covenant of good faith and fair dealing. The court cited the rule of “at will employment” in New York and its narrow exception, based on the New York Court of Appeals’ decision…
Read More Bank Officer Not Entitled to Invoke Narrow Exception to “At Will” Employment RuleIn Vosburgh v. American Nat. Red Cross, 2014 WL 4826688 (N.D.N.Y. Sept. 29, 2014), the court denied defendant’s summary judgment motion regarding plaintiff’s retaliation claim (but granted it regarding plaintiff’s wage and individual liability claims). As to her retaliation claim, the court held: [T]o prevail at the pretext stage of the McDonnell–Douglas analysis, a plaintiff must show…
Read More Hostility to Employee’s Alleged “Disloyal” Conduct Supports Retaliation ClaimHere is the complaint filed in Supreme Court, Richmond County (Staten Island) by firefighter Andrew Cannon against homeowner Kudar Uday. Plaintiff seeks recovery for injuries sustained while battling a fire at defendants’ house. At common law, the so-called “firefighter’s rule” in New York barred firefighters and police officers from recovering for injuries caused by negligence in…
Read More Injured Firefighter Sues HomeownerIn Hermina v. 2050 Valentine Ave. LLC, the Appellate Division, First Department reversed summary judgment in favor of defendants. In this personal injury case, plaintiff sustained injuries when the window in her apartment suddently fell while her hands were on the window sill. In reversing summary judgment, the court held: Triable issues of fact exist as…
Read More Falling Window Personal Injury Case ContinuesSantiago v. Dept. of Education illustrates that in an employment discrimination case, the plaintiff must plausibly allege an “adverse employment action.” The quintessential “adverse employment action” is, of course, termination. However, other actions short of termination may qualify. Plaintiff – an itinerant attendance teacher – alleged disparate treatment and a hostile work environment under the…
Read More Employment Discrimination Lawsuit Dismissed; No “Adverse Action”Here is the recently-filed federal court complaint (captioned Jermaine Gilyard v. Nine West Group et al., 1:14-cv-07096) in which plaintiff alleges, among other things, that he “was subjected to a hostile work environment on the basis of race, racial discrimination, was disciplined several times on spurious charges, and was finally fired … in retaliation for his attempts…
Read More Race Discrimination and Hostile Work Environment Lawsuit Against Nine West GroupCafe Lalo, the Upper West Side cafe featured in the Tom Hanks/Meg Ryan romantic comedy “You’ve Got Mail” has been sued for wage violations and sexual harassment. Here’s the complaint. The plaintiffs, several women, allege (among other things) that defendant Daniel Reyes, a “barista and defacto manager … treated the restaurant as his own personal dating…
Read More “You’ve Got Mail” Cafe Sued for Sexual Harassment and Wage ViolationsIn Samarskaya v. MVAIC, Judge Bluth of the New York Supreme Court, New York County denied defendant Motor Vehicle Accident Indemnification Corporation’s (MVAIC) motion for summary judgment. Plaintiff alleged that while riding her bicycle, she was struck by an opened rear passenger-side door of a taxi, which then drove off. Under Article 52 of the…
Read More MVAIC Denied Dismissal in Case of Cyclist “Doored” by Taxi PassengerIn Davis v. Duane Reade, Inc. (2d Dept. Sept. 24, 2014), the court explained the narrow scope of the waiver provision of New York’s Whistleblower Law: Labor Law § 740(7) provides that “the institution of an action in accordance with this section shall be deemed a waiver of the rights and remedies available under any…
Read More Court Clarifies Limited Scope of Whistleblower Law’s Waiver Provision