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Judge Stein http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=119753 Plaintiff, a vice president at Tradition North America Inc., purportedly discovered in 2001 that Tradition engaged in “elaborate securities schemes” violating securities laws. In November 2007 he notified the SEC of the violations. Plaintiff’s employment was terminated on April 14, 2008, following his revelation to Tradition’s senior vice president—the schemes’ alleged leader—and Tradition’s legal and compliance departments—that he had gone to the SEC. The court dismissed plaintiff’s complaint alleging breach of an implied contract of employment. Plaintiff had argued that because defendants repeatedly informed him—”on numerous occasions and in written contracts”—that he would be summarily terminated for violating any company rules or any state or federal laws, there was an implied promise that Tradition would not fire him for not violating those very rules. In addition to finding that plaintiff had failed to overcome the presumption of employment at will, the court ruled that his implied contract claim failed because none of the writings he identified constituted a written express limitation of Tradition’s right to hire, fire, promote, demote, transfer or take any other employment action it deemed otherwise appropriate.

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