Employment Contracts

In Westbrooke v. Bellevue Hospital Center et al, 2019 WL 233611 (SDNY Jan. 16, 2019), the court dismissed plaintiff’s complaint – alleging employment discrimination – with prejudice. In sum, plaintiff alleged that she was discriminated against on the basis of her age, gender, disability, and race, and then subjected to retaliation for complaining about it. After…

Read More Court Rejects “Economic Duress” Argument re Settlement of Employment Discrimination Claims

In Alexander v. Possible Productions, Inc., 17-cv-5532, 2018 WL 4804638 (S.D.N.Y. Oct. 4, 2018), the court denied defendants’ motion to dismiss plaintiff’s claims of retaliation and sex-based discrimination/sexual harassment. In sum, plaintiff – who was employed by Showtime as a body double for the character Alison on the TV show “The Affair” – alleges that…

Read More Body Double’s Sexual Harassment Claims Survive Dismissal, Not Subject to Arbitration

In Gilani v. Hewlett-Packard Company, 15-CV-5609, 2018 WL 4374002 (S.D.N.Y. Sept. 12, 2018), the court addressed the issue of whether Hewlett-Packard was plaintiff’s “employer” for purposes of Title VII and the ADEA. Plaintiff was, pursuant to employment contract, “formally” employed by a company called Insight Global and worked at an HP location. Because of the…

Read More “Temporary” Employee May Pursue Discrimination Claims Against HP

Jessica Denson, who worked for Donald Trump’s presidential campaign during the 2016 presidential election, asserted claims in a lawsuit – captioned Denson v. Donald J. Trump for President, Inc., Supreme Court, New York County, Index No. 101616/2017 (Sept. 7, 2018) – based on alleged mistreatment (including attempts to “find dirt on” her, cyberbullying, and harassment).…

Read More Court Declines to Compel Arbitration of Employment Claims Against Trump Campaign

In Pozner v. Fox Broadcasting Co., 2018 NY Slip Op 30581(U), 2018 WL 1609513 (N.Y.Sup. Ct. Index 652096/2017 April 2, 2018), the court held that Fox Broadcasting stated a counterclaim for breach of contract, but not for breach of fiduciary duty, against a former executive vice president who was terminated from his employment based on…

Read More Fox Broadcasting Counterclaims Survive in Part Against Executive Terminated Due to Sexual Harassment Allegations

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…

Read More Oral Agreement For Share of Company’s Profits Not Unenforceable Under Statute of Frauds, Court Holds

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…

Read More 2d Circuit: Employment Agreement’s Venue Selection Clause Trumps Title VII’s Venue Provision

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

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

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