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Counterclaims: Actionable Retaliation?

By ALM Staff | Law Journal Newsletters |
December 01, 2003

An employee sues his former employer for ERISA violations and for unpaid commissions. The employer counterclaims, alleging various tort and statutory violations committed by the now former employee. Just another litigant asserting its right to seek redress in court. Right. Not according to the court in Kreinik v. Showbran Photo, Inc., 2003 WL 22339268 (S.D.N.Y. 10/14/03) (Freeman, M.J.) Rather, the court found that the employer's action in filing counterclaims under New York's Labor Law may constitute unlawful retaliation under both ERISA and the Labor Law.

Actionable Retaliation Claims

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