Tarter Krinsky & Drogin represented management and certain waitresses of a restaurant on Long Island in a defamation and breach of contract case brought by one of the restaurant’s former employees. In a decision, dated May 12, 2011, the Honorable Ute Wolff Lally of NY Supreme Court Nassau County, granted the defendants’ motion to dismiss the plaintiff’s defamation complaint in its entirety. In addition, the court rejected the plaintiff’s breach of contract claims based on the employer’s sexual harassment policy.

The plaintiff had been fired after waitresses at the restaurant complained to management concerning plaintiff’s alleged sexual harassment.  The plaintiff then sued the waitresses for defamation based on their complaints, and the restaurant for breach of contract for allegedly not complying with its written policy regarding sexual harassment investigations.

This case upholds the dismissal of a defamation case based on a qualified privilege where employees report alleged sexual harassment.  The decision also upholds the right of employees to complain and the right of employers to take appropriate action without fear that defamation claims may be asserted.

Partner Richard L. Steer and Associate Tara Toevs, both of whom are in the Labor and Employment Practice, represented our clients in this case.