Court: NY App. Div. Dept. 3

In Reynolds v. State, No. 528410, 2020 N.Y. Slip Op. 00897, 2020 WL 572813 (N.Y.A.D. 3 Dept., Feb. 06, 2020), the court – after upholding a jury verdict in plaintiff’s favor on her hostile work environment/sexual harassment and negligent supervision claims – nevertheless found that the jury’s damage award was excessive. The court summarized the…

Read More Damage Award For Hostile Work Environment Held Excessive
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In Matter of Colon (Staffing Solutions Org. LLC – Commissioner of Labor), No. 528844, 2020 N.Y. Slip Op. 00656, 2020 WL 476389 (N.Y.A.D. 3 Dept., Jan. 30, 2020), the court upheld the denial of unemployment benefits to claimant, who resigned from her employment citing, among other things, a hostile work environment. The Department of Labor…

Read More Unemployment Benefit Denial Upheld, Notwithstanding Alleged Hostile Work Environment
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In Graham v .New York State Off. of Mental Health, 2017 NY Slip Op 07501 (App. Div. 3d Dept. Oct. 26, 2017), the court (inter alia) affirmed the dismissal of plaintiff’s claim, asserted under the New York State Human Rights Law, that he was retaliated against for requesting a reasonable accommodation for his disability. From the…

Read More Retaliation Claim Properly Dismissed; Termination Was Due to Falsification of Job Application, Not Disability Accommodation Request
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In In re Cohen, No. 522119, 2017 WL 3176221, at *1 (N.Y. App. Div. July 27, 2017), the Appellate Division upheld the Unemployment Insurance Appeal Board’s (UIAB) adoption of an Administrative Law Judge’s finding that the claimant (a paralegal) was entitled to unemployment insurance benefits where she voluntarily left her employment in light of a…

Read More Unemployment Benefits Upheld Where Voluntary Departure Was Prompted by a “Hostile Work Environment”
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In Matter of Davis, No. 521825, 2017 NY Slip Op 01920, 2017 WL 1013161 (N.Y. App. Div. 3d Dept. Mar. 16, 2017), the court affirmed an Unemployment Insurance Appeal Board determination that the claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. The court summarized the facts/procedure…

Read More Unemployment Benefit Denial to Resigning Employee Affirmed, Notwithstanding Hostile Work Environment Allegation
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In Matter of Mitchell (Nation Co. Ltd. Partners – Commissioner of Labor), 2016 NY Slip Op 08923 (App. Div. 3d Dept. Dec. 29, 2016), the court reversed a Board determination finding that Gregory A. Mitchell, a blogger for The Nation, was an “employee” and thus entitled to unemployment insurance benefits following the non-renewal of his contract in…

Read More Blogger Was Not An “Employee” of The Nation; Unemployment Benefits Denied
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A recent upstate appellate decision addresses the correlation between a sexual harassment claim, on the one hand, and workers’ compensation benefits, on the other. In Shiner v. Suny at Buffalo, No. 522762, 2016 WL 6782717, (N.Y. App. Div. 3d Dept. Nov. 17, 2016), the court affirmed the Workers Compensation Board’s decision that claimant’s failure to obtain…

Read More Sexual Harassment Settlement Bars Further Workers Compensation Benefits, De
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In City of Binghamton v. Whalen, 2016 NY Slip Op 04289 (App. Div. 3d Dept. June 2, 2016), the court held that plaintiff – the defendant’s former employer was entitled to summary judgment on its claim under the “faithless servant doctrine.” The court explained the doctrine as follows: New York law with respect to the disloyal or…

Read More 3d Dept. Rejects “Apportionment” Limitation on Faithless Servant Doctrine in Case of Larcenous Director of Parks & Recreation
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An employee who voluntarily leaves a job “without good cause” is not entitled to unemployment insurance benefits. New York Labor Law § 593. But what amounts to “good cause”? The case law teaches that that is a fact-specific determination. In Matter of Labbate, 2016 NY Slip Op 02898 (App. Div. 3d Dept. April 14, 2016), the…

Read More Sexual Harassment Was “Good Cause” to Leave Job; Unemployment Benefits Upheld
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In Pawson v. Ross, 2016 NY Slip Op 02502 (App. Div. 3d  Dept. March 31, 2016), an upstate appellate court held that defendants should have been granted summary judgment dismissing plaintiff’s complaint alleging hostile work environment sexual harassment under the New York State Human Rights Law. After stating the relevant law, the court proceeded to apply…

Read More “Reprehensible” Conduct (Including “Butt Swats” and “Spanking” Comments) Held Insufficient to Establish Sexual Harassment Hostile Work Environment Under NYS Human Rights Law
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