DeFILIPPO v. XEROX CORP.


223 A.D.2d 846 (1996)

636 N.Y.S.2d 463

Stephen M. DeFilippo, Jr., Appellant-Respondent, v. Xerox Corporation, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 11, 1996


Peters, J.

Plaintiff was employed by defendant as a sales representative from 1981 to 1993 progressing, during such time, from a marketing trainee to an account marketing executive. Plaintiff was not employed pursuant to the terms of a written employment contract and was thus an "at-will" employee.

From 1983 through 1987, it is uncontested that plaintiff's sales performance was satisfactory. However, when his immediate supervisor was changed in...

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