It happens. Sometimes you end up working through lunch. Your boss is pressed for time on a deadline and needs you to lend a hand. When this happens, though, you should be compensated appropriately for your time. Unfortunately, that was not the case according to Carla Muskrath. After more than
One of the most talked about – and misunderstood – aspects of employment law is sexual harassment. This article is intended to provide a brief overview of the law of sexual harassment. Federal Law (Title VII), State Law (New York State Human Rights Law), and City Law (New York City
We get this question frequently. Fortunately, there is a simple answer: there is no such thing as wrongful termination. However, under some circumstances, the decision to terminate an employee may be unlawful. Below are the two most common examples of what most people refer to as “Wrongful Termination” It’s never easy
It is illegal for an employer to take an adverse employment action against an employee because that employee engaged in a protected activity. Let’s break it down a little. The above sentence has three parts: (1) “adverse employment action,” (2) “protected activity,” and (3) “because of.” Let’s look further at
We get this one a lot – “is it illegal to fire me?” Short answer: probably not. Unless you have an employment contract, you are an employee at will. This means that your employer can fire you at any time for any reason. It is perfectly legal for your employer
We get this call all the time. You have been with your company for a while and are starting to see the writing on the wall. You know you are about to get fired – what should you do? First, unless you have a contract, you are an employee at
Not all harassment is sexual harassment and not all sexual conduct is sexual harassment. So then, what is sexual harassment? Sexual harassment is defined as: Let’s break this definition down a bit. You will notice that we have underlined some key terms in the definition above. We explain each of
It happens from time to time: an employer offers an employee an opportunity to resign instead of being laid off. Seems like the employer is doing a nice thing – allowing the employee to “save face” by resigning rather than going through the indignity of being let go. But appearances
Will Settlement of My Sexual Harassment Law Claim in New York Be A Secret? The answer is it can be, but only if you want it to be. It is very common for employers to want the resolution of a sexual harassment law issue in New York to be kept
What should you do if you think your employer is retaliating against you In the employment law context, retaliation is generally defined unfair treatment because you participated in an activity protected under the law. This means that you may have “opposed” an unlawful practice by telling your employer that you
