Seeking reimbursement for attorney fees incurred by an employee in the course of judicial and quasi-judicial actions taken against the individua

Seeking reimbursement for attorney fees incurred by an employee in the course of judicial and quasi-judicial actions taken against the individual
2013 NY Slip Op 06910, Appellate Division, Third Department

This decision by the Appellate Division addresses a number of issues that arose in connection with the employee and his attorney seeking reimbursement for attorney fees incurred in the course of defending administrative disciplinary charges and federal and state civil and criminal action in which the employee was a party.

The elements considered by the court included claims and defenses based on an alleged unilateral contract; promissory estoppel; unjust enrichment; quantum meruit and fraud and the impact, if any, of the terms and conditions set out in the collective bargaining agreement between the employee’s union and his employer providing for the employer's reimbursing an employee for legal fees incurred by an employee in defending himself or herself in such judicial and quasi-judicial actions.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2013/2013_06910.htm