January 14, 2011

Employment Law.

Practice point: In an action alleging unlawful termination in violation of Labor Law § 740, the complaint will be dismissed if plaintiff fails to plead the violation of a law, rule or regulation.

Students should note that pleading a violation of the employer’s internal policies is insufficient.

Case: Cohen v. Hunter College, NY Slip Op 00040 (1st Dept. 2011)

Here is the decision.

Tuesday’s issue: Motion practice.