RSS SUBSCRIBE

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)

Why Most Employment Contract Breach/Wrongful Termination Claims Are Doomed In NY

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)