KING v. MARSH & McLENNAN AGENCY, LLC

Index No. 653707/19. Appeal No. 13108. Case No. 2020-02643.

191 A.D.3d 507 (2021)

138 N.Y.S.3d 323

2021 NY Slip Op 00909

Paul Andrew King, Appellant, v. Marsh & McLennan Agency, LLC, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 11, 2021.


Attorney(s) appearing for the Case

Gardy & Notis, LLP, New York ( Orin Kurtz of counsel), for appellant.

Jackson Lewis P.C., New York ( Clifford R. Atlas of counsel), for respondents.

Concur—Acosta, P.J., Kapnick, Singh, Mendez, JJ.


Plaintiff agrees that he was an at-will employee, and neither his compensation schedule, the offer letter, nor the non-solicitation agreement define "cause" for termination. He also states, in his affidavit, that his performance was not poor, and that he had recently had his two best months. However, contrary to plaintiff's contention, poor work performance and failure to meet production goals may constitute cause for termination (see generally Friedman v State of New...

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