The Appellate Division affirmed, with costs, the order that granted the defendants' motion for summary judgment, dismissing the complaint. The plaintiff applied for a job at the defendants' restaurant, and was offered paid training sessions in contemplation of potential employment. The plaintiff alleges that she was wrongfully discharged when the defendants cancelled the training sessions. It is well-settled in New York that there is no cause of action for an at-will employee's wrongful discharge unless the termination of employment is constitutionally impermissible or statutorily proscribed, or unless there is an express limitation in an employment contract. Here, the defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff was, at best, an at-will employee and that her employment was not impermissibly terminated. In opposition, the plaintiff failed to raise a triable issue of fact.
Babalola v. Terry Vegetarian, LLC, NY Slip Op 05317 (2d Dep't October 6, 2021)
