Breach of Contract

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In Mezinev v. Donald Smith & Co., Inc., 161367/2017, 2020 NY Slip Op 33429 (N.Y. Sup. Ct. N.Y. Cty. Oct. 9, 2020), the court, inter alia, dismissed defendant employer’s counterclaims for breach of contract, breach of fiduciary duty, and violation of the faithless servant doctrine. Plaintiff commenced this action seeking damages for alleged employment discrimination…

Read More Employer’s Breach of Contract Claim, Based on Alleged Secret Recording of Conversations in the Workplace, Dismissed
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In Hodge v. ABACO, LLC, 20-1186-cv (2d Cir. Oct. 9, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s breach of contract claim, based on the language of an offer letter by plaintiff’s employer. Plaintiff began working for defendant on October 1, 2018. Before that,…

Read More Breach of Employment Contract Claim Dismissed; Offer Letter Did Not Contain Guarantee of Employment of Five Years
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In Parneros v. Barnes & Noble, Inc., 2020 WL 5350531 (S.D.N.Y. Sept. 3, 2020), the court denied defendant’s motion for summary judgment on plaintiff’s claim that Barnes & Noble violated the implied covenant of good faith and fair dealing by firing him mere days before the equity payment for the prior year, when he served…

Read More Barnes & Noble CEO May Proceed on Claim of Breach of the Covenant of Good Faith and Fair Dealing
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In Woodard v. Reliance Worldwide Corp. (2d Cir. Sept. 3, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s claim for breach of an employment contract and the alleged entitlement to a $500,000 bonus. Here are the facts, as summarized by the court: Woodard’s employment with John Guest USA was governed by an executive…

Read More $500,000 Bonus Not Obtainable Via Implied Covenant of Good Faith & Fair Dealing
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In Pozner v. Fox Broadcasting Co., 2018 NY Slip Op 30581(U), 2018 WL 1609513 (N.Y.Sup. Ct. Index 652096/2017 April 2, 2018), the court held that Fox Broadcasting stated a counterclaim for breach of contract, but not for breach of fiduciary duty, against a former executive vice president who was terminated from his employment based on…

Read More Fox Broadcasting Counterclaims Survive in Part Against Executive Terminated Due to Sexual Harassment Allegations
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In Nusbaum v. E-Lo Sportswear LLC, 2017 WL 5991787 (S.D.N.Y. Dec. 1, 2017), teh court held that the plaintiff and defendant entered into a legally enforceable employment contract for, inter alia, nine months’ severance pay if plaintiff was terminated. In reaching this conclusion, the court applied the so-called “Winston factors”, based on Winston v. Midiafare…

Read More Court Finds Severance Agreement Existed; Holds Defendant Liable for Breach of Contract
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In a recent filing, petitioner Alexis Berger seeks confirmation under Section 9 of the Federal Arbitration Act (9 U.S.C. sec. 9) of an Arbitrator’s Award – totaling $40,925,284.20 – on her claims of gender discrimination, retaliation, unequal pay, and breach of the implied covenant of good faith and fair dealing against her former employer Kargo…

Read More Former Kargo Global Employee Alexis Berger Seeks to Enforce $40 Million Arbitration Award in Gender Discrimination Case
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In Grewal v. Cuneo Gilbert & LaDuca LLP, No. 13-CV-6836 (RA), 2017 WL 1215752 (S.D.N.Y. Mar. 31, 2017), the court denied defendants’ motion for summary judgment on the plaintiff’s breach of contract claim, but granted it as to her national origin-based hostile work environment claims. In this case, plaintiff – a lawyer of Indian national…

Read More Lawyer’s Breach of Contract Claim Survives Summary Judgment; National Origin Discrimination/Hostile Work Environment Claims Dismissed
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In Hermés of Paris, Inc. v. Swain, No. 16-CV-6255 (CM), 2016 WL 4990340 (S.D.N.Y. Sept. 13, 2016), the court granted the request by petitoner (Hermes) to compel arbitration of the respondent/employee’s claims. Respondent, who worked in one of Hermes’ retail locations, filed a lawsuit in New Jersey state court alleging claims of sexual orientation discrimination, creation of…

Read More Sexual Orientation Discrimination Claim Must Be Arbitrated; Consent to Arbitration Was “Knowing and Voluntary”
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