Category Archives: Employment Law

Is “At Will” Employment/Discharge Implacable?

Posted on July 1, 2015 | Comments Off on Is “At Will” Employment/Discharge Implacable?

New York is a so-called “at will state” in which an employee without a contract for a definite term may be discharged at any time and/or without cause.  Two recent decisions illustrate the apparent insurmountability of the “at will” employment doctrine. Continue reading →

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Posted in Employment Law, New York Law

Legal “Horse” and Other Tales

Posted on February 1, 2015 | Comments Off on Legal “Horse” and Other Tales

The Appellate Division, Third Department, recently issued decisions originating in Supreme Court, Saratoga County, one relating to the Workers’ Compensation Law and the other relating to a personal injury claim – that both had their origin from the riding of horses – and a third opinion, also originating in Supreme Court, Saratoga County, arising out of an automobile that was struck by a deer.

Carey v. Burton P. Schwab, 2014 NY Slip Op 08096 (decided on November 20, 2014) [Stein, J.]

The Court briefly summarized the facts:

[O]n May 24, 2008, defendant and two others rode three horses to a local tavern. While defendant — who was riding a horse he owned named Whiskey — was inside the tavern, Whiskey and another horse got loose from their restraints and took off. One of defendant’s companions went after the horses. Whiskey passed plaintiff and another individual, both of whom assisted defendant’s companion in trying to corral the horses. Whiskey was eventually restrained by defendant’s companion, who asked plaintiff to hold the reins. Plaintiff alleges that, as he was holding the reins, Whiskey head-butted him and stepped on him, causing plaintiff to lose consciousness and suffer injuries. Continue reading →

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Posted in Employment Law, New York Law, Personal Injury, Workers Compensation

(Part II): “One Size Does Not Fit All”: Recent Decisions Highlight Claims and Defenses By and Against Departing Employees

Posted on September 4, 2013 | Comments Off on (Part II): “One Size Does Not Fit All”: Recent Decisions Highlight Claims and Defenses By and Against Departing Employees

[continued from Part I posted July 3, 2013]

Godoy v. FDR Services Corp, 2013 NY Slip Op 30985[U] [Sup Ct, New York County 2013]

At the outset the Court noted that: “In this action, Plaintiff Richard Godoy, seeks, among other relief, a declaratory judgment declaring the parties’ Employment Agreement and the Restrictive Covenant contained therein unenforceable.”

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Posted in Employment Law

“One Size Does Not Fit All”: Recent Decisions Highlight Claims and Defenses By and Against Departing Employees (Part I)

Posted on July 3, 2013 | Comments Off on “One Size Does Not Fit All”: Recent Decisions Highlight Claims and Defenses By and Against Departing Employees (Part I)

“One Size Does Not Fit All”:  Recent Decisions Highlight Claims and Defenses By and Against Departing Employees (Part I)

                   Two decisions by Justices of the Supreme Court of the State of New York, both sitting in Suffolk County, released on the same day (April 11th) and appearing back-to-back on the Office of Court Administration website (on April 30th), and several other recent trial and appellate court opinions, separately and together present a CLE course on typical fact situations relating to departing employees and restrictive covenants, on the one hand, and the legally cognizable causes of action and the scope of relief and defenses available under such circumstances, on the other.

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Posted in Employment Law