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ARTICLE · 07 JULY 2015

Is "At Will" Employment/Discharge Implacable?

New York is a so-called "at will state" in which an employee without a contract for a definite term may be discharged at any time and/or without cause.

United StatesEmployment and HR

New York is a so-called "at will state" in which an employee without a contract for a definite term may be discharged at any time and/or without cause. Two recent decisions illustrate the apparent insurmountability of the "at will" employment doctrine.

Montuori v. CSC Holdings, LLC, 2015 NY Slip Op 30257(U) (Sup. Ct. Suff. Co., February 11, 2015) [Farneti, J.].

Supreme Court outlined the facts:

This action was commenced, among other things, to recover damages after the plaintiff was terminated from employment with the defendant as a residential account executive ("RAE"). In his complaint, the plaintiff sets forth four causes of action sounding in breach of contract, prima facie tort, quantum meruit and misrepresentation/fraud respectively. The plaintiff was formerly employed by the defendant which operates as Cablevision in Long Island, New York. The plaintiff alleges that he was a successful RAE, who earned significant commissions, received excellent

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