Form Versus Substance: Termination Procedures in NY Employment Contracts

McCarter Partner Curtis Leitner and associate Trevor Larrubia discuss messy New York case law on the application of “cause” termination procedures in employment contracts in the New York Law Journal column “Form Versus Substance: Termination Procedures in NY Employment Contracts.”  Some case law prioritizes procedure—i.e., if the procedure is not followed, the employee prevails regardless of the existence of “cause.” Other case law prioritizes substance—i.e., a procedural breach by the employer only matters if is “material.” The column analyzes this legal terrain and its implications.