Novikoff and Hardy obtain pre-answer dismissal

August 28, 2014 | Appeals | Employment & Labor

Ken Novikoff and Tamika Hardy successfully obtained a pre-answer dismissal of a tortious interference with contract claim against clients Lindsay Park Housing Corp and Board President Cora Austin in federal court in the Eastern District of New York.  The Court agreed with defendants that an employee handbook provided by the co-defendant to plaintiff did not constitute an employment contract and, therefore, plaintiff was an at-will employee.  Furthermore, the Court also agreed that the temporal distance between the alleged interfering act by defendants and plaintiff’s termination as well as plaintiff’s intervening misconduct precluded a finding that defendants’ alleged interference caused plaintiff’s termination.

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Decision

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