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At-Will Employees’ Breach of Oral Contract Claim For Unpaid Bonuses Survives Dismissal in NY County Case

If an at-will employee resigns before they are paid their commissions, they forfeit their right to collect them, right?
Absolutely not, held a New York County trial court.
In Nichols v. SG Partners, Inc., the plaintiffs were employed by defendant as placement professionals, earning both a base salary as well as a percentage of defendant’s revenues generated [...]

How An Improperly Drafted Employment Contract Allowed Employee’s Claim To Collect Post-Termination Commissions To Survive Dismissal in New York

In a hot-off-the-presses decision that was handed down this past Thursday, and is scheduled to appear in Tuesday’s New York Law Journal, New York’s Appellate Division, First Department (which covers New York and Bronx Counties) reversed that portion of a trial court’s decision that dismissed a former at-will employee’s claims under Labor Law ยงยง191 and [...]

Posted Under: Breach of contract, at-will, commercial litigation, unjust enrichment
This post was written by Jonathan Cooper on January 17, 2010 Comments (0)

Employment Contract Cannot Be Implied, New York Federal Court Holds

In Bernhardt v. Tradition North America, a case very similar to the one we discussed recently in “Why Whistleblower Protection Clause In Employee Manual May Be Worthless,” the plaintiff, who was a vice president at defendant Tradition North America Inc., notified the SEC of various securities schemes that he had supposedly uncovered at his company. [...]

Posted Under: Breach of contract, at-will, commercial litigation, wrongful termination
This post was written by Jonathan Cooper on January 6, 2010 Comments (0)

NY County Court Explains Why Whistleblower Protection Clause In Employee Manual May Be Worthless

In Candela v. Banco Industrial de Venezuela C.A., the New York County trial court’s decision to dismiss a breach of contract and wrongful termination claim by a bank employee serves a clear warning to at-will employees everywhere: know your rights and what you must do to protect them before you are fired. Conversely, the decision [...]

Why Most Breach of Contract/Wrongful Termination Claims By At-Will Employees Are Doomed To Fail Under NY Law

Before addressing the merits of a breach of contract/wrongful termination claim against an employer, the threshold question that must be asked is “if I win, is a judgment against my former employer collectible?” Unfortunately, in this economy, the answer to this question is increasingly “no.” Consequently, even if you have the most meritorious claim, external [...]

Posted Under: Breach of contract, at-will, commercial litigation, wrongful termination
This post was written by Jonathan Cooper on December 29, 2009 Comments (0)