breach of fiduciary duty

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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 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 City of Binghamton v. Whalen, 2016 NY Slip Op 04289 (App. Div. 3d Dept. June 2, 2016), the court held that plaintiff – the defendant’s former employer was entitled to summary judgment on its claim under the “faithless servant doctrine.” The court explained the doctrine as follows: New York law with respect to the disloyal or…

Read More 3d Dept. Rejects “Apportionment” Limitation on Faithless Servant Doctrine in Case of Larcenous Director of Parks & Recreation
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In Cerciello v. Admiral Ins. Brokerage Corp., plaintiff alleged sexual harassment, hostile work environment, and retaliation.  Defendants filed two counterclaims, respectively seeking (1) sanctions for frivolous litigation conduct and (2) “recovery of wages paid to the plaintiff during her last year of employment on the ground … that the plaintiff failed to perform the tasks…

Read More Court Denies Employer Recovery of Wages Earned by Alleged Disloyal Employee
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