Wieder exception (New York) · Go Syfert
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Wieder exception in New York

7 New York opinions name it 3 courts 2000–2012 0 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.

Followed or applied (3)

CaseFollowedCited
Mulder v. Donaldson, Lufkin & Jenrettegreen
nyappdiv · 1995 · cited in 4 New York opinions naming this issue, 2000–2012
2 sentences

2012In the past, we have declined to extend the Wieder exception beyond the “unique characteristics of the legal profession” (Mulder v Donaldson, Lufkin & Jenrette, 208 AD2d 301, 306-307 [1995]).

2012In the past, we have declined to extend the Wieder exception beyond the “unique characteristics of the legal profession” (Mulder v Donaldson, Lufkin & Jenrette, 208 AD2d 301, 306-307 [1995]).

34
Sullivan v. Harnischgreen
nyappdiv · 2010 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

2012However, in Mulder , we recognized the “potential for a cause of action for breach of express contract based upon a provision in the defendant’s employment manual which specifically provided that an employee who reports wrongdoing ‘will be protected against reprisals’ ” (Sullivan v Harnisch, 81 AD3d 117, 124 [2010], quoting Mulder at 307 ).

2012However, in Mulder , we recognized the “potential for a cause of action for breach of express contract based upon a provision in the defendant’s employment manual which specifically provided that an employee who reports wrongdoing ‘will be protected against reprisals’ ” (Sullivan v Harnisch, 81 AD3d 117, 124 [2010], quoting Mulder at 307 ).

22
Horn v. New York Timesgreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2003–2003
2 sentences

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.

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.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Wieder v. Skala green
ny · 1992
2 sentences

2012Nevertheless, 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.

2012Nevertheless, 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.

32000–2012
Horn v. New York Times green
ny · 2003
2 sentences

2012Nevertheless, 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.

2012Nevertheless, 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.

12012–2012
Sabetay v. Sterling Drug, Inc. green
ny · 1987
2 sentences

2002In Sabetay v Sterling Drug (supra), an accountant serving as in-house director of corporate financial projects asserted he had been fired after refusing to condone slush-fund payments to foreign officials and other illegal tax-avoidance activities.

2002In Sabetay v Sterling Drug (supra), an accountant serving as in-house director of corporate financial projects asserted he had been fired after refusing to condone slush-fund payments to foreign officials and other illegal tax-avoidance activities.

12002–2002
DeFilippo v. Xerox Corp. green
nyappdiv · 1996
2 sentences

2002Bank, 236 AD2d 436 [bank employee]; Leibowitz v Party Experience, 233 AD2d 481 [chief financial officer]; DeFilippo v Xerox Corp., 223 AD2d 846 , lv dismissed 87 NY2d 1056 [salesman]; Haviland v J.

2002Bank, 236 AD2d 436 [bank employee]; Leibowitz v Party Experience, 233 AD2d 481 [chief financial officer]; DeFilippo v Xerox Corp., 223 AD2d 846 , lv dismissed 87 NY2d 1056 [salesman]; Haviland v J.

12002–2002
Holland v. Caballero green
nyappdiv · 1996
2 sentences

2002Bank, 236 AD2d 436 [bank employee]; Leibowitz v Party Experience, 233 AD2d 481 [chief financial officer]; DeFilippo v Xerox Corp., 223 AD2d 846 , lv dismissed 87 NY2d 1056 [salesman]; Haviland v J.

2002Bank, 236 AD2d 436 [bank employee]; Leibowitz v Party Experience, 233 AD2d 481 [chief financial officer]; DeFilippo v Xerox Corp., 223 AD2d 846 , lv dismissed 87 NY2d 1056 [salesman]; Haviland v J.

12002–2002
Civiletti v. Independence Savings Bank green
nyappdiv · 1997
2 sentences

2002Bank, 236 AD2d 436 [bank employee]; Leibowitz v Party Experience, 233 AD2d 481 [chief financial officer]; DeFilippo v Xerox Corp., 223 AD2d 846 , lv dismissed 87 NY2d 1056 [salesman]; Haviland v J.

2002Bank, 236 AD2d 436 [bank employee]; Leibowitz v Party Experience, 233 AD2d 481 [chief financial officer]; DeFilippo v Xerox Corp., 223 AD2d 846 , lv dismissed 87 NY2d 1056 [salesman]; Haviland v J.

12002–2002
People v. Clark neutral
nyappdiv · 1999
2 sentences

2000In Waldman v NYNEX Corp. ( 1999 WL 292634 [Sup Ct, NY County, Jan. 8, 1999, Miller, J.], affd 265 AD2d 164 [1st Dept 1999]), the plaintiff was an attorney employed by the defendant telephone company in its collection department.

2000In Waldman v NYNEX Corp. ( 1999 WL 292634 [Sup Ct, NY County, Jan. 8, 1999, Miller, J.], affd 265 AD2d 164 [1st Dept 1999]), the plaintiff was an attorney employed by the defendant telephone company in its collection department.

12000–2000

Statutes the citing opinions construe

NY § N.Y. Education Law § 6530 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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