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O'Neill v. New York University

97 A.D.3d 199 (2012)

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O'Neill v. New York University

New York Supreme Court, Appellate Division
97 A.D.3d 199 (2012)

SC

Facts

Dr. David O’Neill (plaintiff) was a nontenured professor at New York University (NYU) (defendant). O’Neill worked pursuant to successive one-year contracts. The NYU Faculty Handbook (the handbook) stated that nontenured positions were “for a definite period of time.” The handbook also contained specific disciplinary policies for faculty. The NYU Code of Ethics (the code) required NYU faculty to report suspected violations of the code. The code included a promise from NYU that it would not retaliate for any reporting of suspected misconduct. O’Neill suspected that his supervisor was engaged in research misconduct, and he reported the suspicion to his superiors. NYU fired O’Neill, purportedly for O’Neill’s disrespectful behavior in his discussions with superiors about the suspected misconduct. O’Neill sued NYU for breach of contract on the ground that NYU retaliated against his reporting of suspected misconduct and did not follow the disciplinary process in the handbook. NYU filed a motion to dismiss. The New York Supreme Court found that O’Neill was an at-will employee and could be fired without cause. O’Neill appealed.

Rule of Law

Issue

Holding and Reasoning (Moskowitz, J.)

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