New York has long adhered to the “at will” employment rule, and does not recognize a freestanding claim for “wrongful termination” in and of itself. Courts state the at-will rule as follows: Where a term of employment is for an indefinite period of time, it is presumed to be an employment at will that is…
Read More New York’s At-Will Employment RuleA recent decision, Delucia v. Abbondandolo, Index No. 005793-10 (N.Y. Sup. Ct. Nassau Cty. March 11, 2013), held that, in the circumstances of that case, it was unlawful to fire an employee because they file for unemployment benefits. After plaintiff Gina Delucia was let go by a non-party employer, she filed for unemployment benefits. The…
Read More Retaliation Claim Based On Unemployment Filing SurvivesIn a recent Summary Order, the Second Circuit vacated a summary judgment, holding that the reduction of the plaintiff’s salary may have amounted to a “constructive discharge” without cause which would entitle plaintiff to severance payments under his employment contract/offer letter. The case is Scott v. Harris Interactive, Inc., 12-1414 (2d Cir. Feb. 20, 2013).…
Read More Salary Reduction May Support Claim for Constructive DischargeOn May 8, 2012, the New York Court of Appeals held, in Sullivan v. Harnisch, that a hedge fund compliance officer who claimed he was fired for internally objecting to allegedly improper sales of stock by the company’s CEO did not have a cause of action for wrongful termination. Specifically, the plaintiff alleged that he was…
Read More No Exception to “At Will” Rule For Hedge Fund Compliance Officer’s Internal ComplaintThe New York Supreme Court decided, in Clark v. Allen & Overy LLP, that plaintiff Deidre Holmes Clark may continue to litigate, in New York, her claims arising from alleged harassment in defendant law firm Allen & Overy’s Moscow office. Executive Law §298-a[1] provides that the New York State Human Rights Law applies “to an…
Read More Plaintiff May Continue Claims in NY Arising From Harassment in RussiaIn Connolly v. Napoli Kaiser Bern LLP, 2012 NY Slip Op 50075(U) (NY Sup Ct. NY Cty. 105224/05) (J. Madden), the court held that plaintiff (an attorney) presented sufficient evidence – pursuant to the narrow public policy exception to the “at-will” employment rule established by the Court of Appeals in Wieder v. Skala, 80 NY2d…
Read More Lawyer’s Wrongful Termination Suit Survives Under Narrow Public Policy Exception to “At Will” Employment Rule