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September 2017 – Court Holds the World Has Not Turned Upside Down – Employer Can Terminate Worker for Misconduct

September 20, 2017

The MCB Employment & Labor practice group represented the Defendant employer in the United States District Court, Eastern District of New York. In this case, the employer fired the employee after an audit revealed that he used his employer’s tax-exempt status for personal purchases at discounted rates. Plaintiff accused his employer of violating his rights to procedural and substantive due process under the Fourteenth Amendment. Plaintiff also raised a First Amendment retaliation claim. The Court granted summary judgment dismissing all of the plaintiff’s federal claims with prejudice. The Court declined to exercise supplemental jurisdiction over plaintiff’s state law claims and dismissed those claims without prejudice.

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