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New York Court of Appeals Strengthens "Employee Choice Doctrine", Providing for Forfeiture in the Event of Competition by a Former Employee

12.21.06
This memorandum addresses the decision rendered by the New York Court of Appeals in Morris v. Schroeder Capital Management. There the Court ruled that in the context of New York's employee choice doctrine, the constructive discharge test is the appropriate legal standard to apply when determining whether an employee voluntarily left employment or was involuntarily terminated.