Absent agreement or injury at-will employee may be terminated

Barcellos v. Robbins
Index # 2007-05629

The Appellate Division, Second Deparment reversed Judge McMahon's decision denying the dismissal of the complaint which alleged the wrongful discharge of an at-will employee.  Plaintiff failed to plead sufficient facts which made the defendant's acts outside the scope of their employment. New York does not recognize a cause of action for the tort of abusive or wrongful discharge of an at-will employee.  The decision can be found   here:www.courts.state.ny.us/reporter/3dseries/2008/2008_03572.htm

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