Employment Handbook/Manual

In Cohen v. National Grid USA, 2016 NY Slip Op 05786 (App. Div. 2nd Dept. Aug. 17, 2016), the court stated and applied the following employment law principle: Provisions contained in company policy manuals which, like the one in this case, can be amended or withdrawn unilaterally, do not constitute enforceable obligations owing from an employer to…

Read More Company Manual Did Not Create Enforceable Right to Severance

In Lai v. Deiorio Foods Inc., 2016 WL 814930 (NDNY Feb. 29, 2016), the court held that the (pro se) plaintiff plausibly alleged claims of employment discrimination and retaliation. Plaintiff, a Vietnam-born naturalized U.S. citizen, alleged that her Bosnian supervisor “discriminated [against], harassed, intimidated, and threatened her on a regular basis” and that she was constructively…

Read More Vietnamese Plaintiff Plausibly Alleges Employment Discrimination by Citing Examples of Bosnian Favoritism

Many employers use handbooks or manuals that provide details and instructions to employees regarding the terms and conditions of employment. Under certain limited circumstances, an employment manual/handbook may the source of contractual rights. A recent decision, Kunda v. Caremark PhC, L.L.C., No. 14-CV-6125 JFB AYS, 2015 WL 4768817 (E.D.N.Y. Aug. 13, 2015), addresses the issue. In that case, the…

Read More CVS’ Employment Handbook Was Not a Contract, Court Holds