The Employment Law Reporter

Here is what we cover in this issue of The Employment Law Reporter:

• A federal court in New York has dismissed a complaint filed by a former employee of the New York City Department of Education alleging employment discrimination in violation of the Americans with Disabilities Act.
• A federal court in New York has dismissed an employment discrimination lawsuit brought under Title VII of the Civil Rights Act of 1964, ruling that it had been “prematurely filed.”
• Another New York federal court has dismissed an employment discrimination lawsuit filed under Title VII after finding that the plaintiff had not alleged facts suggesting that her former employer had taken any “adverse action” against her based on any “protected characteristic” of the plaintiff.
• A New York trial court has ruled that a referral agreement was more analogous to a contract for the sale of a business than to an employment contract and, therefore, that the non-solicitation provision in the referral agreement was a “reasonable restriction” on the defendants.
• A New York appellate court has affirmed a trial court’s decision refusing to dismiss a lawsuit alleging that a former associate at a law firm had breached various provisions of his employment agreement.
• A New York appellate court has reinstated a lawsuit over a noncompete clause that had been dismissed at the trial level, finding that questions remained over the proper interpretation of the noncompete clause.
• A New York appellate court has reversed portions of a judgment in favor of a clothing and apparel distributor against a former employee who allegedly diverted business and assets away from the plaintiff.

Kenneth A. Novikoff