Employment Contracts

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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 International Business Machines Corporation v. Naganayagam, 2017 WL 5633165 (S.D.N.Y. Nov. 21, 2017), the court explained and applied the “employee choice doctrine” pertaining to restrictive covenants in a contract of employment. Initially, the court found that the defendant breached his employment contract with IBM (his former employer) by proceeding to work for a competitor,…

Read More Court Explains the “Employee Choice Doctrine” Relating to Non-Competition Agreement
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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 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 Holahan v. 488 Performance Group, Inc., 2016 NY Slip Op 04311 (App. Div. 1st Dept. June 2, 2016), the court affirmed the dismissal of plaintiff’s breach-of-employment-contract claim, as well as her claims of unjust enrichment, promissory estoppel, fraud, and negligent misrepresentation. From the decision: Plaintiff’s breach of contract claim, which alleged that the corporate defendant…

Read More Breach of Employment Contract Claim Properly Dismissed
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