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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)