Sunday, July 25, 2010
Though not an employment case, Finkel v. Dauber, ___Misc. 3d____(Nassau Co. July 22, 2010), is never-the-less, an important case for students of labor law as well as others. The case was an action for defamation based upon a teenagers posting on Facebook. What is most interesting about the decision, however, is that the court held that cyberbullying was not actionable. As the court explained:
A New York Law Journal article about this case can be found here.
Insofar as the Plaintiff's counsel suggestion that the posts constitute cyber bullying, the Courts of New York do not recognize cyber or internet bullying as a cognizable tort action. A review of the case law in this jurisdiction has disclosed no case precedent which recognized cyber bullying as a cognizable tort action.
Mitchell H. Rubinstein