Columbia, MD
Immigration Lawyer at Columbia, MD
Practice Areas: Immigration, Lawsuits & Disputes ... +2 more
OUTCOME: Summary Judgment in Favor of Plaintiff
After a salesperson ceased working for the employer, the salesperson sought all commissions earned. The employer failed to pay those commission. The Court held that the commissions were due and owing ... and that there was no good-faith basis for failing to pay them. The Court awarded damages in the form of the unpaid commissions, as well as treble damages, attorneys' fees, and costs.
OUTCOME: Dismissed with Prejudice
Procedural Posture Plaintiff, a former employee, alleged that she was constructively discharged in violation of the Americans with Disabilities Act of 1990, 42 U.S.C.S. § 12112 et seq., and the New Yo ... rk Human Rights Law, N.Y. Exec. Law § 290 et seq. The employee also asserted claims for tortious interference with prospective economic advantage and breach of the implied covenant of good faith and fair dealing. Before the court was defendant bank's motion to dismiss. Overview Before the employee became temporarily disabled as a result of a broken ankle, the employee worked as a branch manager. When the employee returned from her disability leave of absence, the bank informed the employee that a new branch manager had been hired, and the bank proposed that the employee accept an open teller position. The employee refused the teller position and resigned. The court held that the employee's broken ankle, which resulted in a single, twelve-week disability leave with no alleged physical limitations thereafter, was not a disability under the Americans with Disabilities Act of 1990 or the New York Human Rights Law. Thus, the employee's disability discrimination claims had to be dismissed. The employee failed to state a claim for tortious interference with prospective economic advantage because the employee did not identify any business relationship between the employee and a third party with which the bank could possibly have interfered. The employee did not allege that she had a contractual relationship with the bank. Because New York recognized no covenant of good faith and fair dealing in an at-will employment relationship, that claim had to be dismissed. Outcome The court granted the bank's motion to dismiss and dismissed the complaint with prejudice.
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