January 29, 2010

Employment Law.

Practice point: Plaintiff's allegation that defendant terminated her employment because of a disability and in retaliation for her having filed a Workers' Compensation claim does not state a cause of action for retaliatory discharge under the New York City Human Rights Law.

Practitioners should note that plaintiff’ sole remedy for retaliatory discharge in violation of Workers' Compensation Law § 120 is to file a complaint with the Workers' Compensation Board.

Case: Brook v. Overseas Media, Inc., NY Slip Op 00197 (1st Dept. 2010)

The opinion is here.

Monday’s issue: Attorney-client relationships.