Happy holidays to all! One of my favorite Christmas/seasonal movies is National Lampoon’s Christmas Vacation. In my view it’s full of memorable moments and quotable lines. See, e.g., “our motor home’s septic tank is at capacity!” As with most movies, there are also a host of legal issues lurking – which, to a law student…
Read More Clark Griswold’s BonusIn Lott v. Coreone Techs., LLC, No. 14-CV-5848 (CM), 2016 WL 462486 (S.D.N.Y. Feb. 2, 2016), plaintiff asserted age discrimination, disability discrimination, and retaliation claims against his former employer. The court granted defendant’s motion for summary judgment as to some of plaintiff’s claims (e.g., discriminatory failure to promote and discriminatory termination), but denied it as…
Read More Retaliatory Firing Claim Survives Dismissal in Light of Evidence that Reduction-in-Force Was PretextualIn Davis v. New York City Dep’t of Educ., 804 F.3d 231 (2d Cir. 2015), the Second Circuit squarely rejected the argument that “the denial or reduction of a discretionary bonus is categorically insufficient to constitute an adverse employment action.” In this case, plaintiff (a substitute teacher) took a four-month leave of absence from work…
Read More Denial of “Discretionary” Bonus Can Still Be An “Adverse Employment Action”In O’Grady v. Bluecrest Capital Mgmt. LLP, No. 15-CV-1108 SHS, 2015 WL 3740701 (S.D.N.Y. June 15, 2015), the court dismissed, under FRCP 12(b)(6), plaintiff’s claims for a bonus and severance pay. This case illustrates that courts will look to the terms of an employee’s employment agreement when assessing those claims. As to plaintiff’s claim for a…
Read More Court Rejects Terminated Employee’s Claim to Bonus and SeveranceThe New York State and City Human Rights Laws are powerful weapons in the civil rights plaintiff’s arsenal. For example, they reach a broader range of people, and offer broader coverage, than their federal counterparts. However, as illusratd by a recent First Department decision, Benham v. eCommission Solutions (decided June 24, 2014), they are limited…
Read More Citing Geographical Limitations of NY State and City Human Rights Laws, First Department Dismisses Plaintiff’s Employment Discrimination Complaint