Blogs

Posts Categorized: Labor and Employment Law

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Company Policy Manual That Could be Amended or Withdrawn Unilaterally Found Not Binding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explaining: Provisions contained in company policy manuals which, like the one in this case, can be amended or withdrawn unilaterally, do...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 »

Posted: February 16, 2016

Employee Not Entitled to Carried Interest Payment Where Amount of Payment Not Agreed To

On February 3, 2016, Justice Friedman of the New York County Commercial Division issued a decision in Eagle v. Emigrant Capital Corp., 2016 NY Slip Op. 30195(U), granting summary judgment to the defendant employer in a breach of contract action brought by a former employee. The contract at issue Eagle was an offer letter stating... Read more »