Practice point: Where an employment is for an indefinite term, it is presumed to be at will, and it may be freely terminated by either party at any time, for any reason or for no reason.
Practitioners should note that a plaintiff cannot use a different cause of action to recover damages for an entirely lawful termination.
Case: Peterec-Tolino v. Harap, NY Slip Op 09637 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
