NO SUING AN EMPLOYEE FOR NEGLIGENCE OR POOR PERFORMANCE
After a truck ESC was driving got into an accident, his employer deducted the cost of the repairs and lost profits (associated with the loss of the vehicle's use) from his wages.
When ESC later brought an action to recover those monies, his employer countersued for the “alleged negligent operation of the truck and his alleged breach of an agreement to pay the defendants an amount equal to the insurance deductible and lost profits related to the damaged truck.”
ESC later sought to dismiss those counterclaims, but the Queens County Supreme Court denied that request.
On appeal, because New Ylrk law -- Labor Law § 193 – prohibited such claims, and given that those statutory protections were unwaivable, the Appellate Division, Second Department, reversed the underlying determination and granted ESC’s request.
Bet they all labored over that.
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DECISION