January 6, 2010

Employment Law.

Practice point: If there is an employment agreement which identifies plaintiff's title, salary, estimated start date, vacation days, and benefits, parol evidence is inadmissible to vary its terms.

Practitioners should note that since the agreement controls, plaintiff may not recover under a quasi-contractual theory.

Case: Johnson v. Stanfield Capital Partners, LLC, NY Slip Op 09534 (1st Dept. 2009)

The opinion is here.

Tomorrow’s issue: Motion practice.