Daniel Wang, a Canadian citizen residing in Canada, accepted an offer of at-will employment from Golden Source Capital, Inc. as an Entry-Level Blockchain Developer in New York. The offer, made in 2021, required that Wang verify his right to work in the United States. Wang attempted to obtain Trade NAFTA (TN) status, submitting a self-prepared TN letter, but was denied entry by U.S. Customs and Border Protection. After he missed the start date, Golden Source declined to issue a revised TN letter and rescinded the job offer.
Wang subsequently sent a demand letter alleging discrimination, to which Golden Source responded with an accusation of attempted visa fraud. Wang filed a complaint seeking damages for breach of contract, employment discrimination, retaliation, negligence, and promissory estoppel. He also moved to amend his complaint to add parties and expand the claims.
The Civil Court dismissed the original claims of breach of contract, employment discrimination, and retaliation. On appeal, the Appellate Term held that the proposed amendments for those claims were legally insufficient and lacked merit. The court noted that employers are not obligated to assist prospective employees in becoming work-authorized under the New York City Human Rights Law (NYCHRL).
Wang’s retaliation claim failed because he had no ongoing economic relationship with the employer at the time of the alleged retaliatory conduct, a necessary condition under the NYCHRL. The negligence claim was also rejected, as the employer had no legal duty to secure Wang’s immigration status.
However, the appellate court reversed the lower court’s denial of Wang’s motion to amend the complaint to include promissory estoppel. The court found that the amended allegations added detail to a claim that had not been dismissed and was not clearly lacking merit. It also found no indication that the amendment would prejudice the employer.
The appellate court modified the trial court’s decision, granting Wang leave to amend his complaint to include a cause of action for promissory estoppel. All other claims and proposed amendments remained dismissed.
If you’ve experienced workplace discrimination, retaliation, or disputes involving job offers and employment terms, Whitcomb, Selinsky PC handles labor and employment matters including wrongful termination, workplace discrimination, and employer retaliation. Reach out to schedule a consultation and learn how our team can assist with your claim.