New York Employment Law Frequently Asked Questions (FAQs)

New York Employment Law Frequently Asked Questions (FAQs)

Are there any unemployment lawyers in metropolis illinois I was denied unemployment this past Monday and the letter stated I failed to prove I involuntarily quit. He did not consider any of the documentation supporting my claim that I sent him. I was laid off due to lack of work. My employer gave me a package containing the choice to receive a lump sum equivalent to 8 weeks of pay if I gave up my rights to sue and so on. I did not lo I was laid off a while ago, I am now looking to cash out the K and this can be done only if I request to be taken off the lay off list request for termination.

Unemployment

Whether it’s because of human nature, bad timing or just bad luck, the legal fallout from dating at work is back in the news, making headlines as corporate executives and government officials continue to roll the dice, losing or leaving their jobs because of a workplace relationship gone awry. But office romances between consenting colleagues are not illegal, and there are no statutes or laws against dating anyone at work.

So why is there a profound fear of legal liability, and when do employers and the courts have a right to intervene? Dating at work can often lead to sexual harassment claims, especially when those relationships end or in some cases, many months or even years later.

The New York City employment attorneys at Akin Law Group, PLLC focuses on employment discrimination and sexual harassment cases throughout NY & NJ. Free Consultation | Manhattan, Brooklyn, Queens, the Bronx, and Staten Island | Newark, New Jersey.

Age for workers over 40 Military service or affiliation Anticipated deployment with the Reserves of National Guard Bankruptcy Denial of family and medical care leave Genetic information Citizenship status for citizens, permanent residents, temporary residents Sexual orientation These are the grounds for a discrimination claim, but there are many more public policy violations that would make a termination wrongful. For example, an employee can’t be fired for serving on jury duty, or voting, or for trying to form a union, or for taking a leave under the Family Medical Leave Act FMLA , or for filing a workers compensation claim.

The list goes on and on. In that regard, be glad you live in California. In some states, there is no public policy exception to the at-will rule. Here it is, the whole shebang. Here is how you sue for wrongful termination. So, if you are fired, and you sue for wrongful termination, you must prove: That your termination violated California’s Fair Employment and Housing Act or Title VII any of those forms of discrimination listed above , OR That your termination violated some right given to you by statute, OR That there exists some fundamental public policy embodied in a statute or constitutional provision that was violated by the termination sometimes referred to as a “Tameny action”.

OK, a little more shebang. You could have a contract action. If your action does not meet one of the above criteria, your termination could constitute a garden-variety breach of contract action. Let’s look at some real life examples. Even when people understand what “at-will employment” means, they still fight the concept.

Dating danger? Businesses rethink workplace romance policies

Preferential Treatment in the Workplace by Laurie Brenner Don’t let workplace preferential treatment get you down. It’s a bummer when a colleague gets preferential treatment because she’s the friend of the boss. You might notice that she receives special favors, such as choice work assignments, a better work schedule or the newest computer in the office.

While special or preferential treatment is not fair, it’s only against the law when it is related to discriminatory practices. Discrimination Federal and state laws prohibit employers or managers treating employees differently because of sex, gender, race, religion, age or disability.

Unemployment. Unemployment compensation benefits are weekly cash payment to workers who lose their jobs through no fault of their own. Unemployment compensation benefits last six months or longer, depending on economic conditions, or until workers find new work.

Favoritism is exactly what it sounds like: For instance, a manager consistently offers an employee the best and most highly-regarded projects, even though that employee does not perform well enough to deserve them. Or perhaps an employee is offered a promotion over someone else who has been at the company longer and has more experience. Oftentimes, favoritism occurs when a manager and an employee have developed a friendship beyond the workplace.

Perhaps they worked together previously and have a shared history, or maybe they have bonded over common outside interests, like sports or music. Another form of favoritism is nepotism. When either favoritism or nepotism takes place in the workplace, the effect is usually the same. It leads to a number of negative results, such as: When employees perceive that there is favoritism in how they are treated by management, a sense of unfairness creeps in.

What then follows is resentment towards the manager who is unfairly favoring an employee who may not be the most deserving, as well as towards the favored employee who is taking advantage of the situation. When a manager continually favors one or a few employees over the others, he or she may be missing out on the talents and skills the others bring to the table. This can lead to promoting someone who is not ready for more responsibilities over someone who is ready and able to take on a challenge.

With a decline in morale, growing resentment, and overlooked potential, a manager who unfairly favors one employee is also hurting the company overall by stunting the growth that would come from moving the best employees forward to management positions. This also is a consequence of losing employees who may have been of great value.

Practice Areas

Provoke personal abuse Cause defensiveness Conflict is not always destructive. When it is destructive, however, managers need to understand and do something about it. A rational process for dealing with the conflict should be programmed. Such a process should include a planned action response on the part of the manager or the organization, rather than relying on a simple reaction or a change that occurs without specific action by management. Occupational stress Interpersonal conflict among people at work has been shown to be one of the most frequently noted stressors for employees.

Federal law makes it illegal for most employers to fire an employee because of the employee’s race, gender, national origin, disability, religion, genetic information, or .

According to New York Employment Law, your boss does not have to tell you why you are being fired or laid off. Do I have a right to get a copy of my personnel file? You do not have a right to see your personnel file nor to get a copy of what is in it, unless your state or local law provides for it and most do not. How much notice does my boss owe me before he fires me? In New York, you boss can fire you on the spot, without any notice.

You can resign at any time without notice and without giving any reason. Can my boss show preferential treatment at work to one of his relatives or friends? If a boss favors a relative or a friend over you, it is not illegal. My boss is mean to me. Can he get away with that? Your boss does not have to treat you fairly. Your boss does not have to be nice to you. Does my employer have to give me health insurance, sick leave or vacation pay?

Supervisor-Subordinate Relationships: Never A Good Idea

Dating in the Workplace Dating in the Workplace It is common for relationships and attractions to develop in the workplace. As an employer, it is important to ensure that these circumstances do not lead to incidents of sexual harassment. Sexual harassment is any unwanted or unwelcome sexual behaviour where a reasonable person would have anticipated the possibility that the person harassed would feel offended, humiliated or intimidated.

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This definition is not to be construed to exclude the possibility of questions of favoritism arising with regard to other family members, or other close personal or external business relationships. Policy Statement The university strives to be a family-friendly workplace and is committed to maintaining an environment in which members of the university community can work together to further education, research and community service. Employees should neither initiate nor participate, directly or indirectly, in employment actions initial employment or appointment, retention, promotions, salary, work assignments, leave of absence, etc.

It is the responsibility of the supervisor to advise Employee Relations if such a relationship exists. If one is under direct or indirect supervision of the other, a management plan must be formulated to address the supervisory relationship. Case Western Reserve University will, in its discretion, exercise sound judgment with respect to the placement of employees in these situations in order to avoid the creation of a conflict or the appearance of a conflict of interest, avoid favoritism or the appearance of favoritism, and decrease the likelihood of sexual harassment in the workplace.

Case Western Reserve University is a community that values an environment of inclusion, trust and respect as beneficial for the working and learning environment of all its constituents. Romantic or sexual relationships may occur in a University environment. All relationships must be consensual but, even though the relationship is consensual, it can raise serious concerns about the validity of the consent, conflicts of interest, and favoritism.

As a boss, maternity leave is a nightmare for employers

Workplace relationships are can be extremely tricky, just as personal or family relationships can be. Managers are not robots — they have feelings and emotions. So how can they be expected to just turn those emotions off when they enter company property? In fact, I would even use stronger words to describe my relationship with some past employees — words like close, supportive, caring, trusting, warm, fun, and respectful.

There is no single law protecting the rights of employees while they are off work. Instead, other areas of the law, such as discrimination, drug testing, and harassment laws, protect an employee’s off-duty conduct.

Dilbert character The main character in the strip, Dilbert is a stereotypical technically-minded single male. Prior to October , he was usually wearing a white dress shirt, black trousers and a red-and-black striped tie that inexplicably curves upward; since then, he has worn a red polo shirt with a name badge on a lanyard around his neck. Dilbert received his master’s degree in electrical engineering from MIT; he understands engineering well and has good ideas, but has a poor social life. Neither attractive nor blessed with tremendous social graces, Dilbert is capable, but ignored at work and struggles with his romantic life.

While he is frequently seen having dates with eligible women, his dates almost invariably end in disaster, usually in surreal and bizarre ways. Dilbert loves computers and technology and will spend much of his free time playing with such things. He had a girlfriend named Liz for a little over two years, but she started dating other men, stating that she will still date Dilbert, but date other men at the same time. Pointy-haired Boss The oblivious manager of Dilbert and the other engineers, and sometimes the main antagonist of the strip; his real name is never mentioned.

Scott Adams states that he never named him so that people can imagine him to be their boss. In earlier strips he was depicted as a stereotypical late-middle-aged balding middle manager with jowls; it was not until later that he developed his signature “pointy hair” and the jowls disappeared. He is hopelessly incompetent at management, and often tries to compensate for his lack of skills with countless group therapy sessions and business strategies which usually never bear fruit.

He does not understand technical issues but always tries to disguise this, usually by using buzzwords he also does not understand. The Boss treats his employees alternately with enthusiasm or neglect; he often uses them to his own ends regardless of the consequences to them. Adams himself wrote that “He’s not sadistic, just uncaring”.

As a boss, maternity leave is a nightmare for employers

On a rest day which falls on a regular holiday Compute the hourly rate: Work performed by the employee need not be continuous as long as it falls within the same work day. For example, an employee who works in two shifts, one from 8AM to 12AM four hours , and another from 4PM to 8PM of the same work day another four hours , suffers a total of 8 hours of work. If he is required to work for another hour within the same work day from 8AM to 8AM of the following day , then such work is subject to overtime pay.

Undertime cannot be Offset by Overtime. Some employers has the practice of offsetting undertime and overtime.

Employers have steadily been moving toward instituting more dating policies over the years and that trend is likely to continue at a quicker clip in light of the #MeToo movement. #MeToo also.

Workplace friendships[ edit ] Friendship is a relationship between two individuals that is entered into voluntarily, develops over time, and has shared social and emotional goals. These goals may include feelings of belonging , affection , and intimacy. However, they can also be detrimental to productivity because of the inherent competition, envy, gossip, and distraction from work-related activities that accompany close friendships. These friendships involve having friendships both inside and outside of the workplace.

One benefit of multiplex relationships is that each party receives support in and out of the workplace. These friendships also make the involved parties feel secure and involved in their environment. These feelings of involvement and belonging lead to effects such as increased productivity and a reduction in exhaustion. This will increase job satisfaction and commitment to the organization.

It can be difficult to maintain friendships in the workplace. When an individual thinks his or her friendship with another co-worker is becoming too serious, that individual may start to avoid the other person. This would make it harder for the individual to maintain their friendship, which may cause tension in the environment.

Dating Your Employee



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