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15 Jul 2016, 4:00 am by The Public Employment Law Press
Concluding that Doser's termination was arbitrary and capricious, the arbitrator ruled [1] that demotion, rather than termination, was the appropriate penalty and [2] that Doser was to be reinstated by the Department and compensated for lost pay.The Department filed a CPLR §7511 petition seeking to vacate the arbitrator's determination and award. [read post]
20 Jun 2016, 6:41 am by Joy Waltemath
In April 2004, the New York Attorney General (AG) investigated “contingent commission” arrangements by which insurance brokers steered clients to particular insurers. [read post]
16 Jun 2016, 2:48 pm by Kevin LaCroix
In short order, Morgan Stanley traced the breach to Marsh, a financial adviser working out of its New York offices. [read post]
16 Jun 2016, 12:25 pm by Ad Law Defense
** District Court Judge Construes Campbell-Ewald Giving Daylight to Defendants Wanting to Moot Class Claims… [read post]
27 May 2016, 4:00 am by The Public Employment Law Press
., 2016 NY Slip Op 04084, Appellate Division, Third DepartmentThe genesis of Woods v State University of New York [SUNY], was Norman Woods being served with a notice of discipline issued in accordance with the terms of the collective bargaining agreement [CBA] negotiated by State and Woods’ collective bargaining organization, the Correctional Officers and Police Benevolent Association, Inc. [read post]
10 May 2016, 2:49 pm by Peter (Pete) A. Steinmeyer
Courts in New York and New Jersey have been relatively consistent regarding the required consideration for a restrictive covenant. [read post]
10 May 2016, 2:49 pm by Peter A. Steinmeyer
Courts in New York and New Jersey have been relatively consistent regarding the required consideration for a restrictive covenant. [read post]
24 Apr 2016, 6:44 am by Jeanine Conley and Bari Nadworny
Danon’s dilemma falls directly into the second scenario, as a New York state court judge has already dismissed his case for whistleblower bounty, finding that Danon had violated ethics rules by disclosing confidential tax information. [read post]
22 Apr 2016, 9:12 am by Venkat Balasubramani
It contained an exclusive venue and jurisdiction clause requiring disputes to be brought in New York courts. [read post]
11 Apr 2016, 4:30 am by The Public Employment Law Press
Accordingly, New York courts have ruled that employees of such other OTBs are not in the public service for the purposes of the Civil Service Law.In 1997 Article 10-C of the New York Health Care Corporations of the Public Authorities Law was amended by adding §§3300 – 3321 to create the Westchester County Health Care Corporation (WCHCC), a “public benefit corporation. [read post]
24 Mar 2016, 4:00 am by The Public Employment Law Press
Noting that a probationary employee "may be terminated without a hearing and without a statement of reasons in the absence of a demonstration that the termination was in bad faith, for a constitutionally impermissible or an illegal purpose, or in violation of statutory or decisional law,"*the Appellate Division, citing Lane v City of New York, 92 AD3d 786,  said “Judicial review of the discharge of a probationary employee is limited to whether… [read post]
3 Mar 2016, 12:56 pm by Lee E. Berlik
Applying New York law (which expresses the elements of tortious interference slightly differently than Virginia but is essentially the same), the court found that the third element (causing a breach or termination of the contract) was not satisfied because Atalaya’s letter was sent after the alleged breach. [read post]