Justice Eileen Rakower
Brock sued his former employer, Covenant House, alleging retaliation, wrongful termination, denial of access to the human resources department and a failure to issue a final paycheck under Labor Law §191. The court noted dismissal of Brock’s amended complaint is unwarranted at this early stage and without discovery, noting he stated cognizable claims for retaliation and wrongful termination. The court ruled Brock sufficiently alleged Covenant House’s conduct was motivated by and in retaliation for his spoken contention of the unlawfulness of the garnishment of his wages under a child support order, also adequately stating a claim for wrongful termination based on claims for retaliation. The court also ruled Brock adequately showed evidence that Covenant House refused him access to human resources. The court further concluded Brock’s claim for a violation of §191 could not be dismissed, noting while Covenant House provided documentary evidence it issued Brock’s final check, it was only for $33.55, and defendant admitted to a clerical error in wages, in that child support deductions were mistakenly taken out of Brock’s final two paychecks despite being directed to stop garnishing wages.
