()

Justice Anil C. Singh

 

Read Full-Text Decision

In an action for unpaid compensation, breach of contract, intentional inflicting of emotional distress, and violation of New York Labor Law 195(1), whose amendment is also referred to as the Wage Theft Prevention Act (“WTPA”), plaintiff moved for a judgment of no less than $5 million against defendant employers, the largest privately owned language services firm in the world. In 2000, plainitff became the CEO and Secretary of the company and has since served as the COO who is also responsible for overseeing all of the company’s operations. The court granted defendants’ motion to dismiss this claim, holding that plaintiff was hired before the applicability of the WTPA and that statute does not apply retroactively. The court did find that plaintiff adequately pleaded a cause of action for breach of contract as it relates to a 2013 employment agreement, determining that the statute of frauds is not a bar to this cause of action because, by its terms, the agreement is fully performable within one year. As to any of the alleged years beyond 2013, the court found that the pleadings are insufficient to make a determination as to whether there is an oral at will employment agreement outside the statute of frauds.