Sivel v. Readers Digest, Inc.
The case concerns a diversity action where defendants moved for summary judgment regarding plaintiff Sivel's claims of breach of an oral employment contract and misrepresentation against Reader's Digest and its executives. Sivel alleged that he was orally assured permanent employment in the United States and termination only for serious cause, which he argued limited Reader's Digest's right to fire him "at-will." The court denied the defendants' motion for summary judgment on the breach of contract claim, reasoning that Sivel's testimony, if credible, could establish an express agreement overriding the at-will presumption under New York law. However, summary judgment was granted to the defendants on the misrepresentation claims, as the court found these allegations to be inextricably linked to the alleged contract terms and thus enforceable only through a contract action.