September 23, 2009

Employment Law.

Practice point: New York does not recognize a cause of action in tort for wrongful termination.

Practitioners should note that, absent an express agreement establishing that it is for a fixed duration, the employment is presumed to be at-will and can be freely terminated by either party at any time, for any reason, or for no reason at all.

Case: Daub v. Future Tech Enter., Inc., NY Slip Op 06397 (2d Dept. 2009)

The opinion is here.

Tomorrow’s issue: The “danger invites rescue” doctrine.