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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Credit Suisse First Boston Corp. v. Crisanti

This Supreme Court order unanimously affirmed a prior decision that denied a petition to vacate an arbitration award. The dispute involved a terminated arbitrageur's entitlement to a bonus. The court found no manifest disregard of the law by the arbitration panel, noting that the legal principles were not well-defined. It upheld the arbitrators' finding of an implied right to a bonus based on the parties' dealings and industry practice. The court also determined that the refusal to hear a proposed witness was not fundamentally unfair as the testimony would have been cumulative, and an alleged misrepresentation by respondent's attorney did not constitute fraud. Finally, the award was found not to offend public policy.

Arbitration AwardBonus EntitlementEmployment DisputeContract InterpretationArbitrageurJudicial ReviewManifest Disregard of LawWitness TestimonyFraud AllegationPublic Policy
References
7
Case No. MISSING
Regular Panel Decision
May 04, 1983

Slatt v. Slatt

This case concerns a dispute between a divorced couple over a separation agreement from 1969. The plaintiff wife sought cost-of-living increases on a yearly bonus, in addition to monthly support payments. While cost-of-living increases were applied to monthly payments, they were not applied to the bonus for over a decade. The defendant husband conceded some miscalculations on monthly payments but argued the bonus was not subject to such increases, citing a six-year Statute of Limitations. The trial court initially ruled for the plaintiff on the bonus, but this dissenting opinion argues that the parties' consistent conduct over many years indicated the cost-of-living index did not apply to the bonus, thus advocating for a modification of the judgment.

separation agreementcost-of-living adjustmentspousal supportcontract interpretationstatute of limitationsmarital propertyappellate reviewdissenting opinionbonus paymentsNew York courts
References
1
Case No. MISSING
Regular Panel Decision

Truelove v. Northeast Capital & Advisory, Inc.

Plaintiff William B. Truelove, Jr. sued his former employer, Northeast Capital & Advisory, Inc., under Labor Law article 6, seeking unpaid bonus installments. Truelove was awarded a bonus payable quarterly, but after his resignation, the employer ceased payments, citing a condition of continued employment. The Court examined whether the bonus constituted "wages" under Labor Law § 190 (1). It concluded that the bonus, contingent on firm financial success and employer discretion rather than personal productivity, did not meet the statutory definition of wages. Consequently, the employer's requirement of continued employment for bonus payments was upheld, and the Appellate Division's affirmation of the lower court's decision was affirmed.

Bonus CompensationWage DisputeLabor Law Article 6Employee ResignationContractual RightDiscretionary BonusStatutory InterpretationIncentive CompensationContinued Employment ConditionProfit Sharing
References
6
Case No. MISSING
Regular Panel Decision

Caldwell v. Toia

This CPLR article 78 proceeding involves an appeal from a judgment that reversed a determination by the Commissioner of the New York State Department of Social Services. The appellant, a public assistance recipient, was initially denied a "Support Incentive Bonus" despite having an existing assignment of support rights. The court below held she was entitled to the bonus from February 1, 1976. The appellate court found the appellant's 1973 support assignment, while not as comprehensive as the federal requirement, functioned similarly and served the legislative purposes of the bonus program. Given the practical similarity of assignments and the equities, the judgment was modified to direct the Chautauqua County Department of Social Services to pay the appellant the bonus from July 1, 1975, to May 1, 1976, plus interest.

Support Incentive BonusPublic AssistanceAid to Dependent ChildrenSupport OrdersAssignment of RightsSocial Services LawCPLR Article 78Welfare RecipientsChautauqua CountyAppellate Division
References
7
Case No. MISSING
Regular Panel Decision

In re Hawker Beechcraft, Inc.

The Debtors sought court approval for their Key Employee Incentive Plan (KEIP), designed to provide bonuses to eight senior leadership team members (insiders). While a related Key Employee Retention Plan (KERP) was approved, the Court reserved decision on the KEIP. The plan offered substantial bonuses based on the consummation of either a Standalone Plan or a Third-Party Transaction, with minimum targets often aligning with business plan projections. The Court ultimately denied the KEIP, concluding that its low thresholds for bonus attainment made it function as a disguised retention plan rather than a true incentive program. This was found to violate the rigorous standards for insider retention under Section 503(c)(1) of the Bankruptcy Code, which aims to prevent executives from receiving bonuses merely for remaining with a company during bankruptcy. The Debtors failed to demonstrate that the plan's goals were challenging enough to qualify it as a legitimate incentive scheme.

BankruptcyKEIPKERPInsider CompensationRetention PlanIncentive PlanSection 503(c)(1)Chapter 11Corporate RestructuringCreditors' Rights
References
7
Case No. MISSING
Regular Panel Decision

Claim of Blaine v. Unum Life Insurance

The Workers’ Compensation Board concluded that an $88,000 bonus, part of an annual bonus of $182,394.98 from MCI Telecommunications Corporation, should be included in the claimant’s average weekly wage for benefit calculation under Workers’ Compensation Law § 357.2 (a). However, the decision found that the Board erred by including only a portion of the 'wages paid', asserting that the actual bonus amount of $182,394.98 should be utilized, as wages are calculated based on actual work done and time spent. The decision was affirmed.

Workers' Compensationbonus calculationaverage weekly wagewage definitionemployer practicesbenefits calculationstatutory interpretationaffirmancedissentMCI Telecommunications Corporation
References
0
Case No. MISSING
Regular Panel Decision

Esmilla v. Cosmopolitan Club

Plaintiff Julia Esmilla sued her former employer, The Cosmopolitan Club, alleging retaliatory termination for complaining about labor law violations concerning the "Pegasus Fund" and failure to pay a guaranteed annual bonus. Defendant moved for summary judgment, asserting lack of a colorable labor law violation and arguing that the bonus was not an 'earned wage.' The Court granted summary judgment in part, dismissing the retaliation claim related to a proposed budget violation due to its prospective nature. However, the motion was denied for other retaliation claims, breach of contract regarding the guaranteed bonus, and failure to pay earned wages, citing triable issues of fact.

Employment RetaliationNew York Labor LawWage DisputesGuaranteed BonusSummary JudgmentPegasus FundService ChargesGratuitiesBreach of ContractStatute of Frauds
References
57
Case No. MISSING
Regular Panel Decision
Nov 05, 2001

Tappe v. Alliance Capital Management L.P.

Wayne Tappe, a 38-year-old white male, was terminated from his position at Alliance Capital Management on the day year-end bonuses were scheduled. Tappe subsequently filed a lawsuit, alleging race, sex, and age discrimination under federal, state, and city laws, alongside claims for unpaid bonuses and severance pay. Alliance moved to dismiss several of these claims. The court granted dismissal of the discrimination claims, citing insufficient pleading particularity, but allowed Tappe leave to amend his complaint. Additionally, the court dismissed Tappe's state law severance claims, finding them preempted by ERISA, but denied the motion to dismiss his quantum meruit claim regarding the unpaid bonus.

Employment LawDiscriminationWrongful TerminationRace DiscriminationSex DiscriminationAge DiscriminationERISASeverance PayUnpaid WagesQuantum Meruit
References
39
Case No. MISSING
Regular Panel Decision
Jun 12, 1996

In Re Ralph Lauren Womenswear, Inc.

Stuart L. Kreisler, the debtor's former chief executive officer, moved to have his claim against Ralph Lauren Womenswear, Inc. (RLW) estimated for voting purposes in RLW's plan of reorganization. Kreisler argued most of his claim, arising from postpetition termination, was an administrative expense, with a smaller unsecured claim. The debtor, RLW, denied any claim. Chief Judge Tina L. Brozman conducted an evidentiary hearing to estimate the claim due to time constraints before the confirmation hearing. The court determined that Kreisler's severance claim would likely be allowed as a postpetition quantum meruit administrative expense, estimating his prepetition unsecured claim related to unpaid bonus at $279,000, and the severance portion of his prepetition claim at zero. The ruling also addressed disputes concerning EBIT calculation for bonus determination and the allocation of the bonus between pre- and post-petition periods.

BankruptcyClaim EstimationSeverance PayAdministrative ExpenseQuantum MeruitEmployment AgreementDebtor ReorganizationPostpetition ClaimPrepetition ClaimBonus Calculation
References
13
Case No. MISSING
Regular Panel Decision
Feb 24, 2005

Giannone v. Deutsche Bank Securities, Inc.

Plaintiff Gina Giannone brought an employment discrimination action against her former employer, Deutsche Bank Securities, Inc., alleging gender discrimination and retaliation under Title VII, the New York State Human Rights Law, and the New York City Human Rights Law. Her claims included sexual harassment, reduced bonus, failure to promote, discriminatory termination, and failure to rehire. The court granted in part and denied in part Deutsche Bank's motion for summary judgment. The motion was denied with respect to Giannone's discriminatory discharge claim, finding sufficient evidence for a jury to infer gender discrimination. However, summary judgment was granted for the claims of failure to promote, failure to rehire, and retaliatory discharge due to insufficient evidence of pretext. Additionally, Giannone's motion to amend the complaint to add a breach of contract claim regarding a bonus was denied as futile, as her continued employment was deemed to have ratified the reduced bonus.

Employment DiscriminationGender DiscriminationRetaliationTitle VIINew York State Human Rights LawNew York City Human Rights LawSummary JudgmentDiscriminatory DischargeFailure to PromoteBreach of Contract
References
64
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