Firm Secures a Trial Win with a Verdict worth $1,180,000.00 – Violation of New York Labor Law and Breach of Contract
Firm represented a Vice President of Creative Services (“Plaintiff”) against her former employer Camuto Group LLC (“Defendant”) for violation of New York Labor Law (“NYLL”), breach of contract, and retaliation in further violation of the NYLL. Generally, Plaintiff alleged that Defendant failed to pay Plaintiff the wages lawfully due to her under the NYLL pursuant to her employment agreement, wherein Defendant guaranteed Plaintiff a non-discretionary bonus of $30,000.00 to be paid each year. Prior post upon action commencement located here: https://www.employmentlawyernewyork.com/news/latest/civil-case-no-20-cv-10336.html.
While Plaintiff had believed that Defendant paid her the bonus for her first and second year of her employment, and partially in her third year, Defendant took the position that the bonus was to be paid only once, and that all subsequent payments were discretionary bonuses. Ultimately, the jury credited Defendant to the extent that the bonuses paid after the first year were discretionary bonuses but found that Plaintiff was entitled to her non-discretionary, yearly bonus of $30,000.00, and thus, awarded Plaintiff the $30,000.00 for all five subsequent years of employment. In addition, after Plaintiff complained to Defendant in July 2019 about Defendant’s failure to pay her full non-discretionary bonus for the prior years, and again in June 2020 by way of sending an intent to sue letter through this Firm, Defendant terminated her employment in retaliation for her complaints. After withstanding Defendants’ summary judgment motion, the case proceeded to trial, and the jury verdict rendered in favor of the Plaintiff in the amount of $150,000.00 in unpaid bonuses and $590,000.00 in back pay for Defendant’s retaliatory termination. After liquidated damages and interest added as a matter of law, the anticipated judgment totals $1,180,000.00. Michael J. Borrelli, Andrew C. Weiss, and Sharan R. Abraham handled the matter on behalf of the firm, with Andrew C. Weiss having first-chaired Plaintiff’s trial and Sharan R. Abraham having litigated most of the case and serving as co-counsel at trial.
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