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Mar 13, 2017

Commentary: Constantly surfing the web at work? Surprise! You’re fired!

This should probably go without saying, but spending one’s entire workday on the internet can lead to termination. Shocking, no? But this news apparently came as a surprise to a water department employee who was fired after his bosses found he had spent hours upon end checking personal email, searching Craigslist, watching old TV shows, […]

Feb 20, 2015

Commentary: 10 important termination considerations

There are not many actions a contracting party can take that involve more risk than the decision to terminate a contract for default. Termination clauses are common in construction and design contracts. Such provisions allow parties to establish how they will end their contractual relationship if things don’t go as planned. There are many situations […]

Oct 24, 2011

Retaliation: Gilderhus v. Concentrix Corp.

U.S. District Court, WDNY Retaliation Termination — Non-Discriminatory Reason Gilderhus v. Concentrix Corp. 08-cv-6368 CJS Judge Siragusa Background: The defendant had hired the plaintiff as director of its call center operations. The plaintiff was promised a bonus plan in addition to her regular compensation, but the defendant never produced a plan prior to the plaintiff’s […]

Oct 7, 2011

Civil Servant: Emmerling v. Town of Richmond

Appellate Division, Fourth Department Civil Servant Misconduct — Termination Emmerling v. Town of Richmond TP 11-00294 Appealed from the Supreme Court, Ontario County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination to terminate his employment as a recreational specialist for the respondent. The petitioner argued that the determination was not [&he[...]

May 19, 2011

Parental Rights: In the Mtr of Nicholas B. and Jordan B.

Appellate Division, Fourth Department Parental Rights Termination In the Mtr of Nicholas B. and Jordan B. 10-00705 Judges Centra, Fahey, Peradotto, Lindley and Sconiers Background: This appeal originated from an order of the Family Court that terminated the respondent’s parental rights and freed the subject children for adoption. The respondent-mother contends that the petitioner did […]

Mar 30, 2011

‘Kasten’ could have broader impact

In yet another victory for employees, the U.S. Supreme Court ruled last week that workers do not have to file a written Fair Labor Standards Act complaint against their employer to prove they were terminated in retaliation, Kasten v. Saint-Gobain Performance Plastics.

Dec 16, 2010

Public Employees: Matter of Blake v. Mills

Appellate Division, Third Department Public Employees Termination — Notice of Appeal Matter of Blake v. Mills 509788 Article 78 Proceeding; Supreme Court, Albany County Background: In 2006, the petitioner, then a principal in the New York City School District, was charged with 14 counts of misconduct. An arbitration hearing was held pursuant to a collective […]

Dec 9, 2010

Family Law: Matter of Tatianna K.

Appellate Division, Third Department Family Law Neglect — Termination Matter of Tatianna K. 508412 Appealed from Family Court, Otsego County Background: Respondents are the parents of Tatianna K. who was born in 2006. After family court found that the parents had neglected the child, they separated and, in August 2007, the child was placed in […]

Sep 24, 2010

Contracts: Center for Disability Rights, Inc. v. County of Monroe

Monroe County Supreme Court Contracts Termination — Notice Center for Disability Rights, Inc. v. County of Monroe 2010-9905 Judge Ark Background: CDR petitions the Court to reverse Monroe County’s decision to terminate CDR’s participation in the New York State mandated Consumer Directed Personal Assistance Program. The petitioner’s allegations of tortuous and unconstitutional conduct are o[...]

Jul 13, 2010

Child Neglect: Matter of Terrance M.

Appellate Division, Fourth Department Child Neglect Termination Matter of Terrance M. 807 Appealed from Family Court, Monroe County Background: The appeal is from an order by Judge Donofrio that terminated the parental rights of respondent Terrance M. Sr. and dismissed the petition of Charlotte S. for custody. The respondent father appeals from an amended order […]

May 11, 2010

Civil Service: Matter of Harris v. Board of Education

Appellate Division, Fourth Department Civil Service Termination Matter of Harris v. Board of Education 512 Article 78 Proceeding; Supreme Court, Cayuga County Background: The proceeding was brought to annul a determination of respondent Board of Education of Union Springs Central School District. The petitioner brought the CPLR Article 78 proceeding following his dismissal from his […]

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