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MELOFF v. NEW YORK LIFE INS. CO.

No. 99-9033.

240 F.3d 138 (2001)

Phyllis MELOFF, Plaintiff-Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided: February 14, 2001.

Attorney(s) appearing for the Case

Debra L. Raskin (Vladeck, Waldman, Elias & Engelhard, P.C.), New York, NY, for plaintiff-appellant.

Christopher M. Mason (Nixon Peabody LLP), New York, NY, for defendant-appellee.

Before: WALKER, Chief Judge, POOLER and SOTOMAYOR, Circuit Judges.

POOLER, Circuit Judge:

After 27 years as an employee of New York Life Insurance Company ("New York Life"), Phyllis Meloff lost her job for billing seven months of personal commuting expenses to the company's American Express card and failing to reimburse the company. Her supervisor sent an electronic message ("e-mail"), eventually forwarded to 16 employees, stating Meloff was fired for defrauding the company. She sued, alleging sex discrimination, retaliation

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