Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

at will wrongful termination exceptions and "prevailing party" fees? New York

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • at will wrongful termination exceptions and "prevailing party" fees? New York

    three questions here:


    1. what are the odds of winning an at will wrongful termination small claims court suit against a former employer on grounds of breach of contract for implied promises, fraudulent inducement to hiring, and/or breach of good faith and fair dealings covenants? think NY state.

    2. can a company demand and win fees for "reasonable" defense in such a suit? or is that just employment contract words that won't hold up in court?

    3. are small claims court records part of public record or made public? i'm thinking if employer may just want to settle to make the suit go away rather than engaging in time, lawyers, risk, headache, and possible public posting of the suit.


    thx!

  • #2
    If you have an actual written (read "not implied") contract and it was breached, you can sue for breach of contract. The employer can countersue for legal fees but will get them only if you lose. Whether or not the employer settles to avoid going to court is not something anyone can determine without a crystal ball. I don't have one and neither do any of my esteemed colleagues here.

    If you don't have an actual written (read "not implied") contract then all of the above is irrelevant. (Except maybe the bit about the crystal ball.)

    Comment


    • #3
      I am trying to think of a wrongful termination situation where the appropriate venue would be small claims, and coming up short.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        Can you use a lawyer in small claims court? I didn't think you could. Small claims are public records. The public can sit in the courtroom as well.

        Comment


        • #5
          You don't have to use a lawyer in SCC & in some states/courts you can't. However, in some states/courts you can. Per my ref. you can in NY (at least in some courts) but you don't have to.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            thanks all for the feedback. my reason SCC is because i don't want a lawyer, costs, time, etc, i'd like to keep it simple, and i'm not looking for more than $25k should I win.

            my thoughts of having a potential case are based on info found for exceptions to at-will employment found at:


            http://www.ncsl.org/issues-research/...-overview.aspx

            http://www.nolo.com/legal-encycloped...gal-32282.html

            http://www.legalmatch.com/law-librar...mployment.html


            Potential Grounds for Suit:
            - Implied Promises
            - Breaches of Good Faith and Fair Dealing
            - Fraudulent Inducement or Promissory Estoppel


            The basic story was I had 2 job offers simultaneously, Company A initially offered less money and a contract role, while Company B offered full time with more money and stock. Company A matched the salary amount of Company B and changed the offer to full time. the owners stated during the interview process things like "we are hiring the leaders for this company as we grow over the next 2-5yrs."

            I accepted the job with Company A, then 5 months later, almost the exact same time as the initial contract duration offer form Company A, they terminated me with no warning or cause.

            Comment


            • #7
              Originally posted by anonobody View Post
              thanks all for the feedback. my reason SCC is because i don't want a lawyer, costs, time, etc, i'd like to keep it simple, and i'm not looking for more than $25k should I win.
              Small claims court New York - dollar limit you can sue for: $3,000 in town & village courts - some larger city courts allow up to $5,000.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Originally posted by Betty3 View Post
                Small claims court New York - dollar limit you can sue for: $3,000 in town & village courts - some larger city courts allow up to $5,000.
                you're right, sorry - i forgot. SCC is $5k, but i've been researching civil court which has $25k where i could represent myself. i'm not trying to become a millionaire here, just prove they wronged me and compensate me for acting inappropriately/illegally.

                Comment


                • #9
                  From what you have posted on the other board, they did not act illegally and it's even questionable whether they acted inappropriately.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    Originally posted by cbg View Post
                    From what you have posted on the other board, they did not act illegally and it's even questionable whether they acted inappropriately.
                    you don't find misrepresenting their intentions and inducing someone to accept an employment offer over another company's offer under false pretenses inappropriate? maybe i'm in the wrong forum, or on the wrong planet even...

                    Comment


                    • #11
                      If I may?

                      http://www.expertlaw.com/forums/showthread.php?t=156639

                      (For context)

                      Comment


                      • #12
                        Prove there was a deliberate misrepresentation as opposed to things not happening on the timetable they anticipated at the time.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #13
                          Agreed...business goals/plans change all the time. If you can't prove it was deliberate (which I would be surprised if you could), your case is dead.

                          Hindsight is 20/20, but since they changed from a short term contract to an expected longer term employment, it probably would have been best to get that in writing, in contract form, then. It's easier to see that from the other side though.

                          Comment

                          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                          Working...
                          X