wrongful termination

In Sakthivel v. Industrious Staffing Co., LLC, No. 650435/2020, 2021 WL 53146, 2021 N.Y. Slip Op. 30025(U), 4–5 (N.Y. Sup Ct, New York County Jan. 06, 2021), the court dismissed plaintiff’s claims of wrongful termination  under the New York Labor Law (specifically, NY Labor Law §§ 215, 740(2)). From the decision: Plaintiff alleges a workplace…

Read More Workplace Assault, Followed by Termination, Held Insufficient to Make Out NY Labor Law Whistleblower/Retaliation Claims
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In a recent case, Rubert v. Daniel King, et al, 2020 WL 5751513 (SDNY Sept. 25, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s disparate treatment (termination) discrimination claim under 42 U.S.C. § 1981. (I wrote about the court’s denial of defendants’ motion with respect to plaintiff’s hostile work environment claim here.)…

Read More Race Discrimination (Termination) Claim Dismissed Against Walmart et al
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In Jain v. Tokio Marine Management Inc., 2018 WL 4636842, (S.D.N.Y. Sept. 27, 2018), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of discrimination (promotion denial and termination). In sum, plaintiff – of Indian descent – asserted claims of discriminatory failure to promote, discriminatory termination, retaliatory failure to promote, and retaliatory…

Read More Race/National Origin Discrimination Case Survives Summary Judgment
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In Schindler v. Plaza Constr. LLC, 2017 NY Slip Op 07182 (App. Div. 1st Dept. Oct. 12, 2017), the court affirmed the denial of defendant’s motion to dismiss plaintiff’s – a female licensed crane operator – gender discrimination claim under the New York City Human Rights Law. From the decision/order: Even if Plaza is not plaintiff’s employer…

Read More Female Crane Operator Sufficiently Alleges Gender Discrimination (Wrongful Termination)
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In Rasmy v. Marriott Int’l, Inc., No. 16-CV-04865 (AJN), 2017 WL 773604 (S.D.N.Y. Feb. 24, 2017), the court discussed and applied the doctrines of election of remedies, administrative exhaustion, and mandatory arbitration in the context of defendant’s motion to dismiss the hostile work environment (religion, national origin) and retaliation claims asserted by plaintiff. Plaintiff, an Egyptian…

Read More State/City Human Rights Law Religion and National Origin Hostile Work Environment Claims Dismissed Against Marriott; Retaliation and Title VII Hostile Work Environment Claims Continue
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In Blundell v. Nihon Kohden Am., 15-cv-1503, 2017 WL 318842 (N.D.N.Y. Jan. 23, 2017), the court dismissed plaintiff’s age discrimination claims.[1]The court also denied defendant’s motion to dismiss plaintiff’s retaliation claim and his failure-to-accommodate-disability claim in part. This decision is instructive on the use, in litigation, of age-related comments as proof of age discrimination to…

Read More Court Dismisses Age Discrimination Claims, Notwithstanding Age-Related Comments
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In Schindler v. Plaza Constr. LLC, 2017 NY Slip Op 30029(U), 153291/2016 (N.Y. Sup. Ct. N.Y. Cty. Jan. 9, 2017), the court denied defendant’s motion to dismiss plaintiff’s claim of gender discrimination (wrongful termination) under the New York City Human Rights Law, pursuant to CPLR 3211(a)(1) (documentary evidence establishing a defense) and 3211(a)(7) (failure to state…

Read More Female Crane Operator States Claim of Gender Discrimination (Wrongful Termination) Under the NYC Human Rights Law
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On May 8, 2012, the New York Court of Appeals held, in Sullivan v. Harnisch, that a hedge fund compliance officer who claimed he was fired for internally objecting to allegedly improper sales of stock by the company’s CEO did not have a cause of action for wrongful termination.  Specifically, the plaintiff alleged that he was…

Read More No Exception to “At Will” Rule For Hedge Fund Compliance Officer’s Internal Complaint
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