Posts Categorized: Labor and Employment Law

Posted: February 4, 2017

Court Issues Injunction Enforcing Covenant Not to Compete

On January 12, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Shimon v. Paper Enterprises, Inc., 2017 NY Slip Op. 30101(U), issuing an injunction enforcing a covenant not to compete, explaining: It is well established that covenants not to compete, which relate to the sale of a business and its… Read more »

Posted: December 15, 2016

Irreparable Injury Presumed From Breach of Non-Compete Made In Connection With Sale of Business

On November 29, 2016, the First Department issued a decision in BDC Management Services, LLC v. Singer, 2016 NY Slip Op. 08006, affirming the grant of a preliminary injunction enforcing “non-competition and non-solicitation covenants,” explaining: Defendants do not dispute that they agreed to non-competition and non-solicitation covenants in connection with the sale of their business… Read more »

Posted: December 10, 2016

Claim Based on Oral Promise to Pay Employee Fails Where Employee Handbook Required Writing

On December 1, 2016, the First Department issued a decision in Newmark & Co. Real Estate, Inc. v. Frischer, 2016 NY Slip Op. 08100, affirming the dismissal of a claim based on an oral promise to pay an employee a share of the proceeds from an acquisition when the firm’s employee handbook required such promises… Read more »

Posted: November 20, 2016

At-Will Sales Employee Not Entitled to Post-Termination Commissions

On November 18, 2016, the Fourth Department issued a decision in Moore-Haarr v. Z-AXIS, Inc., 2016 NY Slip Op. 07788, holding that a former employee was not entitled to commissions on sales made before her employment ended, explaining: The sales for which plaintiff seeks the commissions were made by defendant, and the goods were shipped… Read more »

Posted: August 18, 2016

Company Policy Manual That Could be Amended or Withdrawn Unilaterally Found Not Binding

On August 17, 2016, the Second Department issued a decision in Cohen v. National Grid USA, 2016 NY Slip Op. 05786, holding that a company policy manual did not create a binding contractual obligation, explaining: Provisions contained in company policy manuals which, like the one in this case, can be amended or withdrawn unilaterally, do… Read more »

Posted: June 20, 2016

At-Will Employee Not Entitled to Post-termination Commissions

On June 2, 2016, the First Department issued a decision in Holahan v. 488 Performance Group, Inc., 2016 NY Slip Op. 04311, holding that an at-will employee was not entitled to post-termination commissions, explaining: Plaintiff’s breach of contract claim, which alleged that the corporate defendant breached the parties’ employment agreement by failing to pay her… Read more »

Posted: May 23, 2016

Inclusion of No Oral Modification Clause In Employment Agreement Does Not Change At-Will Status

On May 19, 2016, the First Department issued a decision in Gootee v. Global Credit Services, LLC, 2016 NY Slip Op. 03984, explaining that the inclusion of a no-oral-modification clause in an employment agreement did not mean that an employee was not an at will employee, explaining: The employment agreement did not state a fixed… Read more »

Posted: May 4, 2016

Executive At Will Employee Despite Payment Schedules Showing Fixed Period of Employment

On April 13, 2016, Justice Bransten of the New York County Commercial Division issued a decision in Petitt v. LMZ Soluble Coffee, Inc., 2016 NY Slip Op. 30709(U), holding that an executive was an at-will employee, explaining: In New York, it is well-settled that absent an agreement establishing a fixed duration, an employment relationship is… Read more »

Posted: March 7, 2016

Client Q&A: My old boss’s lawyers are sending threatening letters to my new boss. What can I do?

My old boss’s lawyers are sending threatening letters to my new boss. What can I do? By Niall D. O’Murchadha The “threatening attorney letter” is a common feature of many of the business-related disputes discussed in these Client Q&As. If you suspect that a former (or current) employee or business partner is about to breach… Read more »

Posted: March 3, 2016

Summary Judgment Reversed Due to Fact Issues on Reasonableness of Restrictive Covenants

On March 1, 2016, the First Department issued a decision in Greystone Funding Corp. v. Kutner, 2016 NY Slip Op. 01442, reversing a grant of summary judgment dismissing claims for breach of non-competition and non-solicitation covenants, explaining: Assuming, arguendo, that Post v Merrill Lynch, Pierce, Fenner & Smith mandates the invalidation of all restrictive covenants… Read more »