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