Alizadeh v. Pei, 2017 N.Y. Misc. LEXIS 4767 (N.Y. Sup. Ct., Kings Co., Dec. 11, 2017)
This decision supports the important proposition that a company sued for wage violations that has valid counterclaims against the employee who brought the action may assert those counterclaims without creating a “retaliation” claim for the employee.
In this case, two home attendants sued their former employer, the world-renowned architect I.M. Pei, and others, for wage violations. The defendants vigorously denied the allegations as without merit and counterclaimed for physical injuries Mr. Pei suffered while under the care of one of the plaintiffs. The plaintiff promptly amended her complaint to allege retaliation, and defendants moved to dismiss the retaliation claim on its face. Agreeing with the defendants, the court dismissed the retaliation claim.Alizadeh v. Pei, 2017 N.Y. Misc. LEXIS 4767 (N.Y. Sup. Ct., Kings Co., Dec. 11, 2017)