Offer Letter – Pospis Law, PLLC

October 9, 2020 by mjpospis

Breach of Employment Contract Claim Dismissed; Offer Letter Did Not Contain Guarantee of Employment of Five Years

In Hodge v. ABACO, LLC, 20-1186-cv (2d Cir. Oct. 9, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s breach of contract claim, based on the language of an offer letter by plaintiff’s employer. Plaintiff began working for defendant on October 1, 2018. Before that,…

Commission Reduction Permissible Where Expressly Authorized by Agreement

An Appellate Division, First Dept. panel recently upheld the trial court’s dismissal of plaintiff’s claims alleging violations of Labor Law §§ 191 and 193. The offer letter that granted plaintiff an entitlement to be paid commissions also provided that the commission rates were those “reasonably expected to be paid” and “may be modified at any time”…