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When a Fiduciary Breaches a NY Non-Compete Agreement – and Lies About It

Reading the appellate court’s rendition of the facts in this breach of contract, breach of non-competition agreement and fraudulent inducement/concealment case, it is clear that the court empathized with the plaintiff, and wanted to allow the plaintiffs their day in court. The sordid details are as follows: In GoSmile, Inc. v. Levine, the defendant founded [...]

When a New York Company’s Ability to Fire At Will Goes Too Far

New York’s Appellate Division, First Department’s dismissal of a wrongful termination and breach of contract claim by a securities firm’s compliance officer in a December 21 decision in Sullivan v. Harnisch is troubling. And I say that against a backdrop of a solid understanding and appreciation that most wrongful termination claims in New York are [...]

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

Why Many (If Not Most) Business Fraud Claims Are Dismissed By New York’s Courts

Yesterday, both the Wall Street Journal and Bloomberg reported that former news anchor Dan Rather’s breach of contract, wrongful termination and fraud lawsuit against his former employer, CBS, has been revived – at least for the time being. Predictably, Mr. Rather was upbeat upon learning that the New York county judge had granted his attorneys [...]