THE WORKING SOLUTIONS BLOG. Whether you are an employer or an employee, it’s important to stay up-to-date on developments in employment law to protect your rights in the workplace. Our blog highlights the most relevant news, bills, lawsuits, and “how-tos” of employment law for working professionals. Our blog also includes our firm’s most recent news.
If you voluntarily resign from a position or face termination, it is likely a time for caution. Many employers offer severance packages that come with strict conditions. Some of these may even be illegal.
Your employer cannot force you to waive rights granted by federal law in a severance agreement, and that includes financial incentives for whistleblowing. Employees should not be forced to choose between a generous severance package and acting within the law, especially when violations threaten public interest. Here
The Family Medical Leave Act (FMLA) offers options when you face health challenges or those of an elderly parent or child. It recently arose as an issue with natural disasters, since employees may need time off to help a relative evacuate hurricanes or wildfires–or manage their health limitations during these disasters.
When you are facing these challenges, you rely on FMLA to grant flexibility without risking your job security. Returning from leave only to find you are terminated is a stressful
Illegal employment practices in New York may arise unintentionally or from an ill-conceived plan to save money. Employees often tolerate these practices for years before discovering they were denied fair pay and equal treatment. Here are five common practices by employers that may be actionable under state and federal law.
The most common form of unpaid wages is failure to pay overtime. Employers may ask workers to clock out and put in extra hours or calculate overtime pay
New York is unique in its requirements for employers. While the law does not make it mandatory to provide health insurance or paid sick leave, employers must provide workers’ compensation coverage, disability benefits, and, starting in 2018, paid family leave. Here is an explanation of these benefits and what to do if your employer does not follow through on them.
Workers’ compensation insurance covers employees when they suffer injuries or illnesses from work-related conditions. It includes medical costs, lost wages,
Under federal and state law, you have certain remedies if your employer discriminates against you. These lawsuits are burdensome and expensive for employers, and the prospect of such a suit often leads an employer to commit another transgression–retaliation.
Sometimes, retaliation is obvious, like being terminated after making a complaint. Other times, it can be very subtle with a change in hours or pay. The bottom line is that retaliation is illegal and the law protects you from it.
What is Retaliation?
Sexual harassment is frequently difficult to assess because it can arise from behaviors that are generally considered harmless. The problem is, that does not alleviate the discomfort of the victim and many employees, especially those in marginalized groups, feel they must tolerate it to keep a job or simply fit in.
But if allegedly “normal” practices leave you in a place where you dread going to work and face substantial stress, that is not acceptable. In fact, it is illegal and
Business partnerships are a flexible corporate form that benefits those seeking a joint venture. But conflict may threaten the existence of the partnership, especially if it arises from a breach of the partnership contract. It is only natural for other partners to seek a remedy when they face this situation. Here are your options if you’re involved in a partnership dispute because your business partner failed to adhere to the contract.
Cure the Breach
Sometimes, a breach in a partnership agreement can
The annual bonus is a common incentive across all employment fields. It is so prevalent that employees expect them and often ask about unpaid wage claims if a bonus is not forthcoming one year. In many cases, this is not a valid claim since the bonus is likely an extra payment that neither federal nor state law considers regular salary or wages.
The New York financial industry bonus is different. Often comprising most of an employee’s compensation and paid during the
You work endless months, and sometimes years, to develop your skills. You believe those skills are your best asset to help you find another, better paying job. However, if you are like one in five U.S. employees, you may be in for a rude awakening. Your current employer may have inserted a clause in your employment contract known as a non-compete agreement. The terms of that agreement could prevent you from changing jobs.
Understanding Restrictions in Non-Compete Agreements
When you go to
When terminated, the first reaction of most employees is shock. Unless the reason was obvious and building up for a while, most terminations are a surprise. Many employees will automatically assume it was a “wrongful termination” without realizing that that legal term applies only to a limited class of cases.
Here is an overview of wrongful termination and why you need to speak to an attorney with experience in this area of the law in the event that you are terminated