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· 9/29/2023

Spencer v. Siddiqui

Citations

  • 195 N.Y.S.3d 842
  • 219 A.D.3d 1663
  • 2023 NY Slip Op 04837

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that federal law does not preempt replacement employees from suing in state court for an employer’s breach of individual promises of permanent employment
  • holding that misrepresentation and breach of contract claims in state court did not interfere with the NLRB’s determination of related matters
  • holding that federal law does not preempt replacement employees from suing in state court for an employer's breach of individual promises of permanent employment
  • holding that absent evidence of an independent unlawful purpose, it is to be presumed that an employer's motive in permanently replacing its employees is to serve the legitimate business interest of continuing its operation
  • holding that the enforceability of promises to hire replacement workers is not the same issue as whether offers of permanent employment to replacement workers is an unfair labor practice
  • holding that Machinists did not preempt replacement workers’ breach of contract and fraudulent misrepresentation claims and rejecting argument that such suits would “make it more difficult for the employer to hire replacements”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.