In Sakthivel v. Industrious Staffing Co., LLC, 2023 NY Slip Op 00044 (N.Y. App. Div. 1st Dept. Jan. 5, 2023), the court affirmed the lower court’s dismissal of plaintiff’s claim of retaliation, asserted under the New York Labor Law, arising from an assault by a co-worker. From the decision: Plaintiff pro se alleges that defendant…
Read More Whistleblower Claim, Based on Alleged Co-Worker Assault, Dismissal AffirmedIn HC2, Inc. v. Delaney, 20-cv-3178, 2020 WL 7480675 (S.D.N.Y. Dec. 18, 2020), the court, inter alia, dismissed the employee’s whistleblower retaliation claims. The employee (Delaney) alleges that the employer (HC2) violated New York Labor Law §§ 740 and 215 by terminating his employment after he complained about HC2’s handling of the Covid-19 pandemic. Specifically,…
Read More COVID Whistleblower Retaliation (NY Labor Law § 740) Claim DismissedIn Petrisko v Animal Medical Center, No. 12095, 151573/18, 2019-5044, 2020 N.Y. Slip Op. 05830, 2020 WL 6065450 (N.Y.A.D. 1 Dept., Oct. 15, 2020), the court affirmed the dismissal of plaintiff’s defamation, retaliatory discharge, and tortious interference. From the decision: The motion court correctly dismissed as untimely the defamation claims arising from statements that were…
Read More Retaliation, Defamation, and Tortious Interference Claims Properly Dismissed, Court HoldsIn Kubersky v. Cameron Indus., Inc., 2019 NY Slip Op 04882 (App. Div. 1st Dept. June 18, 2019), a retaliation case brought under New York Labor Law 215, the court affirmed the denial of defendants’ summary judgment motion on the ground that plaintiff did not provide timely notice to the Attorney General of her action.…
Read More Wage Retaliation Statute’s Attorney General Notice Provision Was Not a Condition Precedent to Suit, First Department HoldsIn Mejia v. T.N. 888 Eighth Ave. LLC Co., 2018 WL 1988855 (NY Sup. Ct. NY Cty., Index No. 150228/2014), the court held that plaintiff sufficiently alleged retaliation under New York Labor Law 215. In his thorough and well-reasoned opinion, New York Supreme Court Justice Robert Kalish wrote, inter alia: Plaintiff then alleged that, in retaliation…
Read More Plaintiff States Retaliation Claim Under NY Labor Law 215 [Meija v. T.N. 888 Eighth Ave LLC]In Bright-Asante v. Saks & Co., Inc., No. 15 CIV. 5876 (ER), 2017 WL 977587 (S.D.N.Y. Mar. 9, 2017) – an employment discrimination case arising from the suspension of an African American sales associate upon suspicion of theft – the court held, inter alia, that: (1) plaintiff’s statutory discrimination claims were not subject to mandatory…
Read More Arbitration of Statutory Discrimination Claims Not Compelled; Constructive Discharge Claim Stated Against Saks; Retaliation and Race Discrimination Claims DismissedIn Wigdor v. SoulCycle, LLC, 2016 NY Slip Op 04118 (App. Div. 1st Dept. May 26, 2016), the Appellate Division, First Department affirmed the dismissal of attorney Doug Wigdor’s retaliation claim against SoulCycle. In his complaint, which I wrote about here, Mr. Wigdor alleged that SoulCycle banned him from its premises after he filed a…
Read More Lawyer Lacks Standing to Assert Retaliation Claim, Court HoldsPayano v. CompassRock Real Estate LLC, decided by the Southern District of New York on May 12, 2014, discusses the application of the anti-retaliation provisions of the Fair Labor Standards Act and the New York Labor Law. Plaintiff, a live-in apartment maintenance worker, alleged that he was only paid for 40 hours, even though he…
Read More Maintenance Worker Successfully Pleads Retaliation Claim Arising From Termination Following Wage ComplaintsThe Southern District of New York recently reiterated, in Wermann v. Excel Dentistry PC, that “a plaintiff may bring a retaliation claim stemming from an employer’s opposition to her unemployment benefits application” and that “filing retaliatory counterclaims may violate” the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). The…
Read More Plaintiff Sufficiently Alleged Retaliation Based on Defendants’ Opposing Unemployment Benefits and “Frivolous” Counterclaims in Sexual Harassment CaseThe Eastern District of New York recently held, in Litras v PVM Intern. Corp., that plaintiff plausibly alleged various claims relating to non-payment of wages and retaliation. Plaintiff – who was employed by PVM as an export manager – alleged that her employment was terminated because she testified against defendants (the Sabhnanis) in a federal…
Read More Plaintiff Adequately Alleged Overtime, Vacation Pay, Retaliation, and Civil Rights Conspiracy Allegations