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New York Employee's Lawyer

 

The Importance of Written Contracts

Two recent significant lawsuit cases settled by attorney Steven Mitchell Sack illustrate the importance of having written contracts and taking prompt legal action to enforce them. The first case settled for $95,000 after a court-ordered mediation in Federal Court in the Southern District of New York before a magistrate. The second case, also a lawsuit filed in federal court in New York City, settled for $178,000.

The core of both cases involved a written contract. In the first case, Mr. Sack’s client, a computer programmer, signed a short one page document entitled Statement of Workwith a clause defined as CONTRACT TERMS stating: on or about May 1, 2011 and ending on or about May 1, 2012. The client was abruptly fired before May 1, 2012 without warning and after doing excellent work. The company claimed lack of work as the excuse. The client was unable to line up other work to replace the time lost so Mr. Sack filed a lawsuit after a demand letter was sent to the company and the matter could not be settled amicably. The company claimed the language in the contract did not require work for a year. Mr. Sack argued otherwise stating that the unilateral termination of the contract before the end of the one year term was an illegal breach of the contract.

In the second case, an educator had a written employment contract which stated that if he was terminated not for cause prior to the end of the one year agreement he would receive his full salary through the contract term. But in the middle of the year the employer suddenly fired him saying he was terminated for performance which would exclude him from receiving any additional compensation. Throughout the case Mr. Sack argued this was a legally insufficient excuse to deny him contracted-for benefits under the contract. The client eventually received a $178,000 out-of court settlement which included legal fees for commencing the action.

These cases illustrate the importance of having a document which delineates basic rights such as job security and severance and seeking legal assistance in the event the employer chooses to ignore such agreements after a firing.

 

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After Eight Years, Terminated Employees Receive $6.2 Million Jury Verdict in Pregnancy Discrimination Case against Medical Services Company

Scott A. Lucas of The Law Offices of Scott A. Lucas and Steven Mitchell Sack of The Law Offices of Steven Mitchell Sack have helped three women who were fired from their jobs for being pregnant obtain a $6.2 million jury verdict in the matter of Santana, et. al v. G.E.B. Medical Management, Inc., et. al., 305261-08.



New York Post,
"Mother of all victorie$," 9/17/15.