...........

N.B. Effective December 1, 2017, only registered individuals may access the text of the more then 4,800 case summaries running from Abandonment of Position to Zero Drug Tolerance Policy posted on New York Public Personnel Law.

Below are 115 of summaries of court and administrative decisions currently posted on this searchable database. Full access to the database, however, requires a one-time payment of $100 [U.S.] to become a registered NYPPL user.


Click the button below to pay your registration fee with your credit card via PayPal:



Your license key will be e-mailed to you the work-day following PayPals' approval of your payment. Any new or supplemental material that, from time to time, may be posted will be automatically made available to registered individuals without cost.
................
................



To search this database type in a word or phrase in the box in the upper left and any material containing the word or phrase will be displayed for your review.

Monday, November 30, 2009

Claim alleging “detrimental reliance” on agreement with employer underlying tendering employee’s resignation dismissed

Claim alleging “detrimental reliance” on agreement with employer underlying tendering employee’s resignation dismissed
Boakye-Yiadom v Roosevelt Union Free School Dist., 2007 NY Slip Op 52657(U), decided on April 18, 2007, Supreme Court, Nassau County, Justice Daniel Palmieri

Kwame Boakye-Yiadom, the former Assistant Superintendent for Business for the Roosevelt Union Free School District ("District"), sued the District alleging breach of contract and "detrimental reliance" in tendering his resignation. Boakye-Yiadom also alleged that the District defamed him.

As to Boakye-Yiadom’s claim for breach of contract, he contended that he was entitled to payment for unused vacation and sick leave credits. His defamation claim alleged that the District's Superintendent, Ronald O. Ross, accused him of having embezzled District funds, constituting “slander per se.”

Boakye-Yiadom’s employment contract with the District, in relevant part, provided that vacation time would be earned at a stated rate, but that “Vacation days have NO cash value and may NOT be carried over into subsequent school years.” As to Boakye-Yiadom claims regarding sick leave, the employment contract, in relevant part, provided that payment for unused sick time may be made only to those individuals who "have at least 20 years of service with the district." Boakye-Yiadom did not claim he had at least “20 years of service” with the district and Justice Palmieri noted Boakye-Yiadom’s employment contract began in 2001, some five years before the events that led to this law suit.

In addition, Boakye-Yiadom claimed that he and Ross “entered into an agreement” that he would resign his position with the District, contingent upon payment of certain sums for unused vacation and sick days. However, in response to a letter Boakye-Yiadom sent to Ross “memorializing the alleged verbal agreement,” Ross stated that the School Board had accepted his resignation and agreed to the payment of accumulated sick and vacation days "to the extent such payments are approved by the State Education Department, as required by law."

The Department of Education did not approve the severance payment to which the Board had agreed and Ross was advised that authorization to pay the severance to the Boakye-Yiadom was denied.

Justice Palmieri said that this was a sufficient basis for dismissal of Boakye-Yiadom claims regarding the alleged breach of contract.

As to Boakye-Yiadom claim “sounding in defamation,” Justice Palmieri said that the claim “must be dismissed for failure to state a cause of action.” While Boakye-Yiadom’s petition alleges that Ross falsely accused him "to others" of embezzling $2.5 million, it did not name “the person or persons to whom the words were uttered, nor the time, place and manner of this statement, rendering the cause of action fatally deficient under CPLR 3016(a).”

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.