Employment Contracts

In Price v. TuneCore, Inc., 2020 NY Slip Op 02284 (App. Div. 1st Dept. April 16, 2020), the court affirmed the dismissal of plaintiff’s (defendant’s former CEO) employment-based claims. As to plaintiff’s claim regarding his status as the “highest paid employee”, the court explained: The employment agreement did not give plaintiff the unfettered right to…

Read More “Highest Paid Employee”, Vacation Pay Claims Dismissed

Happy holidays to all! One of my favorite Christmas/seasonal movies is National Lampoon’s Christmas Vacation. In my view it’s full of memorable moments and quotable lines. See, e.g., “our motor home’s septic tank is at capacity!” As with most movies, there are also a host of legal issues lurking – which, to a law student…

Read More Clark Griswold’s Bonus

As you may have heard, Steve Easterbrook was recently dismissed from his position as President and Chief Executive Officer of McDonald’s due to his alleged consensual relationship with a staff member, which was against company policy.¬† It was also reported that he will receive a severance package of nearly $42 million – comprising six months…

Read More McDonald’s CEO Stephen Easterbrook Terminated Following Relationship With Employee

In Lord v. Marilyn Model Mgt., Inc., 2019 NY Slip Op 05093 (App. Div. 1st Dept. June 25, 2019), the court reversed the lower court’s dismissal of plaintiff’s claim for breach of contract arising from defendant’s failure to pay him severance. The facts, as summarized by the court: As alleged in the complaint, plaintiff was…

Read More Modeling Scout Sufficiently Alleges Claims Relating to Failure to Pay Severance, First Department Holds

From Williams v New York City Transit Authority, No. 2017-02335, 505636/16, 2019 N.Y. Slip Op. 02747, 2019 WL 1549176 (N.Y.A.D. 2 Dept., Apr. 10, 2019): We agree with the Supreme Court’s determination that, based on the prior federal determination, the plaintiff is collaterally estopped from asserting the NYSHRL causes of action. The doctrine of collateral…

Read More Employment Discrimination Claims Properly Dismissed on the Ground of Collateral Estoppel

In Westbrooke v. Bellevue Hospital Center et al, 2019 WL 233611 (SDNY Jan. 16, 2019), the court dismissed plaintiff’s complaint – alleging employment discrimination – with prejudice. In sum, plaintiff alleged that she was¬†discriminated against on the basis of her age, gender, disability, and race, and then subjected to retaliation for complaining about it. After…

Read More Court Rejects “Economic Duress” Argument re Settlement of Employment Discrimination Claims

In Alexander v. Possible Productions, Inc., 17-cv-5532, 2018 WL 4804638 (S.D.N.Y. Oct. 4, 2018), the court denied defendants’ motion to dismiss plaintiff’s claims of retaliation and sex-based discrimination/sexual harassment. In sum, plaintiff – who was employed by Showtime as a body double for the character Alison on the TV show “The Affair” – alleges that…

Read More Body Double’s Sexual Harassment Claims Survive Dismissal, Not Subject to Arbitration

In Gilani v. Hewlett-Packard Company, 15-CV-5609, 2018 WL 4374002 (S.D.N.Y. Sept. 12, 2018), the court addressed the issue of whether Hewlett-Packard was plaintiff’s “employer” for purposes of Title VII and the ADEA. Plaintiff was, pursuant to employment contract, “formally” employed by a company called Insight Global and worked at an HP location. Because of the…

Read More “Temporary” Employee May Pursue Discrimination Claims Against HP

Jessica Denson, who worked for Donald Trump’s presidential campaign during the 2016 presidential election, asserted claims in a lawsuit – captioned Denson v. Donald J. Trump for President, Inc., Supreme Court, New York County, Index No. 101616/2017 (Sept. 7, 2018) – based on alleged mistreatment (including attempts to “find dirt on” her, cyberbullying, and harassment).…

Read More Court Declines to Compel Arbitration of Employment Claims Against Trump Campaign