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Employment Contracts

From Garcia v. Habacus Constr., Inc., 2018 NY Slip Op 00397 (App. Div. 1st Dept. Jan. 23, 2018): The motion court correctly ruled that the alleged oral agreement between plaintiff and Habacus for a share of the company’s profits during the duration of plaintiff’s employment did not violate the statute of frauds. Plaintiff testified that the […]

From DeBello v. VolumeCocomo Apparel, Inc., 2017 WL 6616704, at *3 (C.A.2 (N.Y.), 2017): We conclude … that in the circumstances here, DeBello’s public policy argument does not overcome the presumption that “a valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases.” Atl. Marine, 134 S.Ct. at 581 (alteration in […]

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, […]

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 […]

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 […]

In Calvo v. Aristizabal (NY Sup Ct. NY Cty. Index 156048/16 Jan. 20, 2017) (J. Mendez), the court granted defendant’s motion pursuant to CPLR 3211(a)(1) and (7), CPLR 7503, and 9 U.S.C. 3, 4 (a/k/a the Federal Arbitration Act) to dismiss plaintiff’s sexual harassment complaint and to compel arbitration. Plaintiff, an account manager at NBC […]

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law principle: Provisions contained in company policy manuals which, like the one in this case, can be amended or withdrawn unilaterally, do not constitute enforceable obligations owing from an employer to […]

In a recent Manhattan federal court filing, Roger Ailes – the named defendant in a sexual harassment lawsuit filed by former Fox News host Gretchen Carlson in NJ state court – seeks to compel arbitration of her claims pursuant to the Federal Arbitration Act. (Here are the supporting petition and memorandum of law.) His papers […]

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 […]

By now you’ve probably heard/read about Dr. Anjali Ramkissoon, who was caught on a now-viral YouTube video attacking an Uber driver. Reports indicate that her employer, Jackson Health System, has placed her on administrative leave. The video suggests that Dr. Ramkissoon was not working or “on the clock” during the incident. This raises the question of whether, and to what […]