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Severance Agreements

In Ruiz v. Lenox Hill Hosp., No. 160377/15, 2017 WL 213802 (N.Y. App. Div. 1st Dept. Jan. 19, 2017), the First Department affirmed (in part) a lower court’s decision addressing plaintiff’s claims under New York’s general and health-care whistleblower laws (N.Y. Labor Law §§ 740 and 741) Here are plaintiff’s allegations, as summarized by the court: […]

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law principle: Provisions contained in company policy manuals which, like the one in this case, can be amended or withdrawn unilaterally, do not constitute enforceable obligations owing from an employer to […]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 O’Grady v. Bluecrest Capital Mgmt. LLP, No. 15-CV-1108 SHS, 2015 WL 3740701 (S.D.N.Y. June 15, 2015), the court dismissed, under FRCP 12(b)(6), plaintiff’s claims for a bonus and severance pay. This case illustrates that courts will look to the terms of an employee’s employment agreement when assessing those claims. As to plaintiff’s claim for a […]

Now this requires chutzpah. A New York appellate court recently struck down plaintiffs’ attempt to sue their former employer for employment discrimination – three years after they received money pursuant to a settlement agreement.  The case is Allen v. The Riese Organization, decided May 16, 2013. Under New York law, there is no independent obligation (i.e., absent a contractual obligation) to […]

In Malinowski v. Wall Street Source, Inc., 09 Civ. 9592 (PAE) (SDNY Dec. 2, 2011), NYLJ 1202534751470, the Southern District of New York held that evidence of plaintiff’s post-termination wages was inadmissible in light of the severance clause in plaintiff’s contract (which provided that plaintiff could only be fired for cause). Plaintiff sought unpaid wages, […]

In Ridinger v. Dow Jones & Co. Inc., 651 F.3d 309 (2d Cir. 2011), the Second Circuit affirmed an SDNY decision dismissing plaintiff’s complaint alleging age discrimination under the ADEA.  Defendant argued that plaintiff’s claims were barred by a Separation Agreement under which plaintiff agreed to waive all claims (including those under the ADEA) against defendant.  Plaintiff argued […]