Levin v. Standard Fashion Co.
City of New York Municipal Court
Appeal from trial term. Action by Elizabeth M. Levin against the Standard Fashion Company for damages incurred by her discharge from defendant’s employment. Judgment for plaintiff, and defendant appeals.
1Per curiam
A discharged employé has two remedies; (1) An action for “wages,” in which a recovery can be had only for wages actually earned and payable; (2) an action for “wrongful discharge, ” in which a recovery maybe had for all damages not recoverable in an action for “ wages.” The actions may be prosecuted at the same time, for neither is a bar to the other. In the ■one case, wages actually due and payable are alone recoverable. In the other, damages are recoverable only from the time wages, as such, were actually due and payable. The distinction may seem fine, but it is settled by the authority of…
2Cases cited2 opinions
- Perry v. . DickersonNew York Court of Appeals · 1881
- Goodsell v. Western Union Telegraph Co.New York Court of Appeals · 1888
3Cited by4 opinions
- Farmers Co-Operative Ass'n v. ShawSupreme Court of Oklahoma · 1935
- Elliott v. MillerNew York Court of Common Pleas · 1892
- Heiferman v. Greenhut Cloak Co.Appellate Terms of the Supreme Court of New York · 1913
- In re SawyerNew York Court of Common Pleas · 1894