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18 New York opinions name it 4 courts 1982–2025 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Epifani v. Johnsongreen2 sentences2013The at-will employment doctrine thus bars a cause of action sounding in fraudulent inducement, even where the circumstances pertain to a plaintiffs acceptance of an offer of a position rather than his or her termination (see Epifani v Johnson, 65 AD3d at 230). 2013The at-will employment doctrine thus bars a cause of action sounding in fraudulent inducement, even where the circumstances pertain to a plaintiffs acceptance of an offer of a position rather than his or her termination (see Epifani v Johnson, 65 AD3d at 230). | 2 | 2 |
Fama v. American International Group, Inc.green2 sentences2013Group, 306 AD2d 310, 311-312 [2003]; see Murphy v American Home Prods. 2013Group, 306 AD2d 310, 311-312 [2003]; see Murphy v American Home Prods. | 2 | 2 |
Wieder v. Skalagreen2 sentences2012Nevertheless, the decision of the Court undermines the exception to the at-will employment doctrine (as recognized in Wieder v Skala, 80 NY2d 628 [1992], and reaffirmed in Horn v New York Times, 100 NY2d 85 [2003]), by excluding arbitrarily hedge fund compliance officers from the protections extended to lawyers working in law firms. 2003At issue in this appeal is whether the narrow exception to the at-will employment doctrine adopted in Wieder v Skala ( 80 NY2d 628 [1992]) encompasses a physician employed by a nonmedical employer. | 1 | 6 |
Murphy v. American Home Products Corp.red2 sentences2003In short, if this rule were "to be tempered, it should be accomplished through a principled statutory scheme, adopted after opportunity for public ventilation, rather than in consequence of judicial resolution of the partisan arguments of individual adversarial litigants" ( id. at 302 ). 2003Judge Jones, writing for the majority, emphatically turned down Murphy's invitation, "being of the opinion that such a significant change in our law is best left to the Legislature," which is well-situated "to discern the public will, to examine the variety of pertinent considerations, to elicit the views of the various segments of the community that would be directly affected and in any event critically interested, and to investigate and anticipate the impact of" any major change in the at-will employment rule ( id. at 301, 302 ). | 1 | 3 |
Sabetay v. Sterling Drug, Inc.green2 sentences1998Notably, this Court has consistently reaffirmed the threshold determination that a definite employment duration does not implicate the at-will employment presumption ( see , Matter of De Petris v Union Settlement Assn. , 86 N.Y.2d 406, 410 , supra ; Wieder v Skala , 80 N.Y.2d 628, 633 ; Ingle v Glamore Motor Sales , 73 N.Y.2d 183, 186 , supra ; Sabetay v Sterling Drug , 69 N.Y.2d 329, 333 , supra ; Murphy v American Home Prods. 1998Notably, this Court has consistently reaffirmed the threshold determination that a definite employment duration does not implicate the at-will employment presumption (see, Matter of De Petris v Union Settlement Assn., 86 NY2d 406, 410 , supra; Wieder v Skala, 80 NY2d 628, 633 ; Ingle v Glamore Motor Sales, 73 NY2d 183, 186 , supra; Sabetay v Sterling Drug, 69 NY2d 329, 333 , supra; Murphy v American Home Prods. | 1 | 2 |
Weiner v. McGraw-Hill, Inc.green2 sentences1997While “[a]n employee may recover, however, by establishing that the employer made the employee aware of its express written policy limiting its right of discharge and that the employee detrimentally relied on that policy in accepting the employment” (supra, at 410), plaintiff has not satisfied the narrow exception to the at-will employment doctrine enunciated in Weiner v McGraw-Hill, Inc. ( 57 NY2d 458 ). 1994Judge Fuchsberg observed in writing for the majority in Weiner v McGraw-Hill, Inc. ( 57 NY2d 458, 462, n 4 , supra) that the at-will employment rule originated centuries ago as an adjunct to the law of master and servant in England; as far back as 1562, England placed statutory limits upon the power of an employer to terminate an employee unless there was " 'reasonable cause to do so’ ”; 6 when the doctrine was transplanted to the United States the rule had resumed its unconditional classical form; 7 that in later times the doctrine was to find a receptive legal environment in laissez-faire ni | 1 | 2 |
D'Alessandro v. Carrogreen1 sentence2025Ctr., 102 AD3d 828 , 831 [2d Dept 2013] [“The at-will employment doctrine thus bars a cause of action sounding in fraudulent inducement, even where the circumstances pertain to a plaintiff's acceptance of an offer of a position rather than his or her termination”]), this Court must apply the law as promulgated by the Appellate Division, First Department (see D'Alessandro v. Carro, 123 AD3d 1, 6 [1st Dept 2014]). 151494/2023 IRRERA, EDOARDO vs. | 1 | 1 |
Zeising v. Kellygreen2 sentences2017Defendants also argue that insofar as Gonick is relying upon the failed 2010 Agreement in seeking to obtain commissions "for the life of Fund," he is attempting recover on an unenforceable contract that is barred both by the statute of frauds ( see Zeising v Kelly , 152 F Supp 2d 335, 345 [SDNY 2001]) and the at-will employment doctrine ( see Holahan v 488 Performance Group, Inc ., 140 AD3d 414 , 415 [1st Dept 2016]). 2017Defendants also argue that insofar as Gonick is relying upon the failed 2010 Agreement in seeking to obtain commissions "for the life of Fund," he is attempting recover on an unenforceable contract that is barred both by the statute of frauds ( see Zeising v Kelly , 152 F Supp 2d 335, 345 [SDNY 2001]) and the at-will employment doctrine ( see Holahan v 488 Performance Group, Inc ., 140 AD3d 414 , 415 [1st Dept 2016]). | 1 | 1 |
Ameral v. Johnsongreen1 sentence2003Because no employment contract existed, plaintiff cannot maintain a cause of action for tortious interference with contract against those individual defendants (see Ameral v Johnson, 194 AD2d 976, 976-977 [1993]). | 1 | 1 |
Fieldhouse v. Stamford Hospital Society, Inc.green1 sentence2003Ctr., 239 AD2d 750, 753 [1997], lv denied 91 NY2d 802 [1997], quoting Sabetay v Sterling Drug, 69 NY2d 329, 334-335 [1987]; see Fieldhouse, 233 AD2d at 541 ). | 1 | 1 |
Laduke v. Hepburn Medical Centergreen1 sentence2003Ctr., 239 AD2d 750, 753 [1997], lv denied 91 NY2d 802 [1997], quoting Sabetay v Sterling Drug, 69 NY2d 329, 334-335 [1987]; see Fieldhouse, 233 AD2d at 541 ). | 1 | 1 |
Horn v. New York Timesgreen2 sentences2003Although Horn "strikes a sympathetic, and even a seductive, chord" ( Horn v New York Times, 293 AD2d at 12 [Wallach, J., dissenting]), she has failed to plead facts that place her claim for breach of contract within the Wieder exception to the at-will employment rule. 2003Although Horn “strikes a sympathetic, and even a seductive, chord” (Horn v New York Times, 293 AD2d at 12 [Wallach, J., dissenting]), she has failed to plead facts that place her claim for breach of contract within the Wieder exception to the at-will employment rule. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Arentz v. Morse Dry Dock & Repair Co.
green
2 sentences1998Corp. , 58 N.Y.2d 293, 300 , supra ; Parker v Borock , 5 N.Y.2d 156, 159 ; Arentz v Morse Dry Dock & Repair Co. , 249 N.Y. 439, 443-444 ; Martin v New York Life Ins. 1998Corp., 58 NY2d 293, 300 , supra; Parker v Borock, 5 NY2d 156, 159 ; Arentz v Morse Dry Dock & Repair Co., 249 NY 439, 443-444 ; Martin v New York Life Ins. | 2 | 1994–1998 |
Martin v. New York Life Insurance
green
2 sentences1994Co. ( 148 NY 117 , supra), the case through which the Court of Appeals adopted the at-will employment doctrine in New York in 1895, was grounded essentially in a statement in Wood, Master and Servant (§ 136 [2d ed] 1886), in which the author relied on no more than "scant authority of questionable value” (at 463, n 5); the cases cited by Wood having been decided " 'entirely on their facts and none stand squarely for the general proposition that an indefinite hiring is terminable at will’ ” (supra) 8 In commenting upon the bizarre origin of the termination-at-will rule Judge Meyer in his dissent 1982Co., 148 NY 117 ). 5 So strong indeed was the turn-of-the-century legal and socioeconomic philosophy that nurtured it that for long Federal constitutional law deferred to it as well (see, e.g., Coppage v Kansas, 236 US 1, 13-14 ; Adair v United States, 208 US 161, 174-175 ). | 2 | 1982–1994 |
Guido v. Orange Regional Medical Center
green
1 sentence2025Ctr., 102 AD3d 828 , 831 [2d Dept 2013] [“The at-will employment doctrine thus bars a cause of action sounding in fraudulent inducement, even where the circumstances pertain to a plaintiff's acceptance of an offer of a position rather than his or her termination”]), this Court must apply the law as promulgated by the Appellate Division, First Department (see D'Alessandro v. Carro, 123 AD3d 1, 6 [1st Dept 2014]). 151494/2023 IRRERA, EDOARDO vs. | 1 | 2025–2025 |
Holahan v. 488 Performance Group, Inc.
green
2 sentences2017Defendants also argue that insofar as Gonick is relying upon the failed 2010 Agreement in seeking to obtain commissions "for the life of Fund," he is attempting recover on an unenforceable contract that is barred both by the statute of frauds ( see Zeising v Kelly , 152 F Supp 2d 335, 345 [SDNY 2001]) and the at-will employment doctrine ( see Holahan v 488 Performance Group, Inc ., 140 AD3d 414 , 415 [1st Dept 2016]). 2017Defendants also argue that insofar as Gonick is relying upon the failed 2010 Agreement in seeking to obtain commissions "for the life of Fund," he is attempting recover on an unenforceable contract that is barred both by the statute of frauds ( see Zeising v Kelly , 152 F Supp 2d 335, 345 [SDNY 2001]) and the at-will employment doctrine ( see Holahan v 488 Performance Group, Inc ., 140 AD3d 414 , 415 [1st Dept 2016]). | 1 | 2017–2017 |
Horn v. New York Times
green
1 sentence2012Nevertheless, the decision of the Court undermines the exception to the at-will employment doctrine (as recognized in Wieder v Skala, 80 NY2d 628 [1992], and reaffirmed in Horn v New York Times, 100 NY2d 85 [2003]), by excluding arbitrarily hedge fund compliance officers from the protections extended to lawyers working in law firms. | 1 | 2012–2012 |
Marino v. Oakwood Care Center
green
1 sentence2009The at-will employment doctrine has been applied to bar a plaintiffs causes of action under theories of fraudulent misrepresentation and negligent misrepresentation where the circumstances pertained to a plaintiffs acceptance of an offer of a position rather than his or her termination therefrom (see Marino v Oakwood Care Ctr., 5 AD3d 740 [2004]). | 1 | 2009–2009 |
Parker v. Borock
green
2 sentences1998Corp. , 58 N.Y.2d 293, 300 , supra ; Parker v Borock , 5 N.Y.2d 156, 159 ; Arentz v Morse Dry Dock & Repair Co. , 249 N.Y. 439, 443-444 ; Martin v New York Life Ins. 1998Corp., 58 NY2d 293, 300 , supra; Parker v Borock, 5 NY2d 156, 159 ; Arentz v Morse Dry Dock & Repair Co., 249 NY 439, 443-444 ; Martin v New York Life Ins. | 1 | 1998–1998 |
Ingle v. Glamore Motor Sales, Inc.
green
2 sentences1998Notably, this Court has consistently reaffirmed the threshold determination that a definite employment duration does not implicate the at-will employment presumption ( see , Matter of De Petris v Union Settlement Assn. , 86 N.Y.2d 406, 410 , supra ; Wieder v Skala , 80 N.Y.2d 628, 633 ; Ingle v Glamore Motor Sales , 73 N.Y.2d 183, 186 , supra ; Sabetay v Sterling Drug , 69 N.Y.2d 329, 333 , supra ; Murphy v American Home Prods. 1998Notably, this Court has consistently reaffirmed the threshold determination that a definite employment duration does not implicate the at-will employment presumption (see, Matter of De Petris v Union Settlement Assn., 86 NY2d 406, 410 , supra; Wieder v Skala, 80 NY2d 628, 633 ; Ingle v Glamore Motor Sales, 73 NY2d 183, 186 , supra; Sabetay v Sterling Drug, 69 NY2d 329, 333 , supra; Murphy v American Home Prods. | 1 | 1998–1998 |
De Petris v. Union Settlement Ass'n
green
2 sentences1998Notably, this Court has consistently reaffirmed the threshold determination that a definite employment duration does not implicate the at-will employment presumption ( see , Matter of De Petris v Union Settlement Assn. , 86 N.Y.2d 406, 410 , supra ; Wieder v Skala , 80 N.Y.2d 628, 633 ; Ingle v Glamore Motor Sales , 73 N.Y.2d 183, 186 , supra ; Sabetay v Sterling Drug , 69 N.Y.2d 329, 333 , supra ; Murphy v American Home Prods. 1998Notably, this Court has consistently reaffirmed the threshold determination that a definite employment duration does not implicate the at-will employment presumption (see, Matter of De Petris v Union Settlement Assn., 86 NY2d 406, 410 , supra; Wieder v Skala, 80 NY2d 628, 633 ; Ingle v Glamore Motor Sales, 73 NY2d 183, 186 , supra; Sabetay v Sterling Drug, 69 NY2d 329, 333 , supra; Murphy v American Home Prods. | 1 | 1998–1998 |
Adams v. . Fitzpatrick
green
1 sentence1994Co. (supra) accepted as correct the rule stated in section 136 of Wood, Master and Servant (2d ed) that " 'the fact that the compensation is measured at so much a day, month or year does not necessarily make such hiring a hiring for a day, month or year, but that in all such cases the contract may be put an end to by either party at any time, unless the time is fixed’ Martin’s adoption of the rule may fairly be characterized as bizarre in light of Wood’s concession that " '[i]n England it is held that a general hiring, or a hiring by the terms of which no time is fixed, is a hiring by the year | 1 | 1994–1994 |
Coppage v. Kansas
green
1 sentence1982Co., 148 NY 117 ). 5 So strong indeed was the turn-of-the-century legal and socioeconomic philosophy that nurtured it that for long Federal constitutional law deferred to it as well (see, e.g., Coppage v Kansas, 236 US 1, 13-14 ; Adair v United States, 208 US 161, 174-175 ). | 1 | 1982–1982 |
Adair v. United States
green
1 sentence1982Co., 148 NY 117 ). 5 So strong indeed was the turn-of-the-century legal and socioeconomic philosophy that nurtured it that for long Federal constitutional law deferred to it as well (see, e.g., Coppage v Kansas, 236 US 1, 13-14 ; Adair v United States, 208 US 161, 174-175 ). | 1 | 1982–1982 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.