At Will Employment

In Gookool v. Laser, 2014 NY Slip Op 50906(U) [43 Misc 3d 1232(A)], the New York Supreme Court, Suffolk County dismissed plaintiff’s national origin discrimination claims. Plaintiff asserted that the defendant engaged in unlawful employment discrimination by requiring him to perform certain work tasks in addition to his other job responsibilities. Even assuming this was true, he failed to…

Read More National Origin Discrimination Claims Dismissed in Light of Terms of Employment

In Brown v. Daikin America, the Second Circuit (in an opinion dated June 27, 2014) held that plaintiff sufficiently alleged that his direct employer and its Japanese parent engaged in national origin and race discrimination under Title VII and NYS Human Rights Law claims. While this decision arises in the context of defendants’ motion to…

Read More White American Plaintiff Successfully Pleads Race and National Origin Discrimination Claims Against His U.S. Employer and its Japanese Parent

So-called “at-will” employees in New York can be fired for any reason or no reason (just not an illegal reason, such as discrimination because of a protected characteristic). This rule applies even if, for example, the employer gives verbal assurances of job security. This principle was recently applied in Presler v Domestic & Foreign Missionary Socy.…

Read More Employee’s At-Will Status Precludes Her Claims Against Her Employer

In Hanifan v Jo-Ann Fabric and Craft, a federal court recently granted summary judgment for a defendant employer, holding that the company handbook did not create a an enforceable contractual prohibition against retaliation for violating the handbooks’ terms. This decision confirms the narrow circumstances under which an employee handbook creates contractual rights justifying a deviation…

Read More Employer Handbook Did Not Create Contractual Rights

A recent decision by the New York Supreme Court (Nassau County), Delucia v. Abbondandolo, confirms that it is unlawful to fire an employee because they file for unemployment benefits. After plaintiff Gina Delucia was let go by a non-party employer, she filed for unemployment benefits.  The Department of Labor began questioning her status at her…

Read More Retaliation Claim Based On Unemployment Filing Survives

In a recent Summary Order, the Second Circuit vacated a summary judgment, holding that the reduction of the plaintiff’s salary may have amounted to a “constructive discharge” without cause which would entitle plaintiff to severance payments under his employment contract/offer letter.  The case is Scott v. Harris Interactive, Inc., 12-1414 (2d Cir. Feb. 20, 2013).…

Read More Salary Reduction May Support Claim for Constructive Discharge

On May 8, 2012, the New York Court of Appeals held, in Sullivan v. Harnisch, that a hedge fund compliance officer who claimed he was fired for internally objecting to allegedly improper sales of stock by the company’s CEO did not have a cause of action for wrongful termination.  Specifically, the plaintiff alleged that he was…

Read More No Exception to “At Will” Rule For Hedge Fund Compliance Officer’s Internal Complaint

The New York Supreme Court decided, in Clark v. Allen & Overy LLP, that plaintiff Deidre Holmes Clark may continue to litigate, in New York, her claims arising from alleged harassment in defendant law firm Allen & Overy’s Moscow office. Executive Law §298-a[1] provides that the New York State Human Rights Law applies “to an…

Read More Plaintiff May Continue Claims in NY Arising From Harassment in Russia

In Connolly v. Napoli Kaiser Bern LLP, 2012 NY Slip Op 50075(U) (NY Sup Ct. NY Cty. 105224/05) (J. Madden), the court held that plaintiff (an attorney) presented sufficient evidence – pursuant to the narrow public policy exception to the “at-will” employment rule established by the Court of Appeals in Wieder v. Skala, 80 NY2d…

Read More Lawyer’s Wrongful Termination Suit Survives Under Narrow Public Policy Exception to “At Will” Employment Rule