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Court Finds Possible Inference of Discrimination Using Company Statistsics

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Singh v. Bay Crane Services (E.D.N.Y. 2013): The Court denied Defendants’ motion for summary judgment. In reaching its conclusion that one could find an inference of discrimination, the Court took note of the race composition of the operators at Defendant company.  Specifically, the Court took note that 43 out of the 49 Bay Crane Operators on the Transit Authority contact were white.  While the Court decided that there were sufficient facts asserted to deny Defendants’ motion on both the federal ...

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Court Upholds Two Year Non-Solicitation Provision Because It Was Narrowly Tailored

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DeWitt Stern Group v. Eisenberg (S.D.N.Y. 2013) upheld a non-compete provision that was agreed to by the parties in Eisenberg’s employment agreement.  Although the non-compete agreement was for two years, the Court noted that that provision prohibited Eisenberg from soliciting only those clients who he had served at DeWitt or those he had supervised.  Significantly, the court noted that aside from those exceptions, the provision did not limit his ability to work.

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