Kessler Matura P.C.Kessler Matura P.C. | Long Island Employment Law Attorneys2024-03-18T06:46:49Zhttps://www.mscklaw.com/feed/atom/WordPressOn Behalf of Kessler Matura P.C.https://www.mscklaw.com/?p=501882024-03-11T15:04:58Z2024-03-11T15:04:58ZNew York employers can generally take advantage of the state’s at-will employment laws to easily remove people they no longer need or want. However, this does not give them free rein to fire people for any reason.
The law prohibits employers from firing people for a few specific reasons - namely discrimination based on a protected characteristic such as gender or race or in retaliation for a protected activity such as whistleblowing.While the law still permits employers to file someone who has blown the whistle or is of a protected class, it does not allow that to be the motivation for the termination.Some employers might try to get around it by a means known as quiet firing. Rather than risk accusations of wrongful termination, they do things that quietly push the employee to quit, thereby saving the need to fire them.
Signs your employer may be encouraging you to quit
Tactics an employer might use to encourage you to leave include:
Isolating you: Few people will stick around in a place where they are clearly no longer welcome. If your employer invites everyone but you to after-work drinks, it might be intentional.
Allowing you to stagnate: If you never get the opportunities for promotion or training you deserve, you might decide to move to an employer that will give you them.
Testing your limits: If your employer doubles your workload, becomes openly more critical or blatantly ignores your attempts to speak in meetings, you may reach a point where you say enough is enough.
Deciding whether your employer is trying to quiet fire you can be challenging. Seeking a professional opinion is wise, as is learning about your legal options if it appears to be true.
]]>On Behalf of Kessler Matura P.C.https://www.mscklaw.com/?p=501852024-03-11T15:04:29Z2024-03-11T15:04:29ZCovert harassment in the workplace, a subtle form of mistreatment that often goes unnoticed, is a significant challenge for employees in New York. Unlike overt forms of harassment, which are blatant and easily identifiable, covert harassment involves indirect actions or behaviors that undermine or belittle the target.
For employees in New York, understanding the nuances of covert harassment is crucial for recognizing when they might be experiencing or witnessing it. One of these is that harassment must be in response to a protected class or activity.
Identifying covert harassment
Covert harassment can be challenging to identify due to its subtle nature. Signs include consistently being left out of meetings or discussions relevant to one’s job, receiving unfounded negative evaluations or noticing a pattern of being passed over for promotions without a clear reason. While not overtly aggressive, these actions create an environment of exclusion and undervaluation for the victim. Employees should pay attention to patterns of behavior that seem designed to isolate, intimidate or undermine them, even if these actions aren’t directly confrontational.
Legal protections in New York
New York State offers robust protections against workplace harassment, including covert forms. The New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) apply to these cases. These laws recognize the broad spectrum of harassment and don’t require the harassment to be severe or pervasive to be actionable, a standard that is often difficult to meet with covert harassment. Victims are encouraged to document incidents meticulously, including dates, times and any witnesses because this documentation can be critical in pursuing a legal claim. It behooves victims to work with someone familiar with these matters so they can learn their options and develop a plan to address the issues. ]]>On Behalf of Kessler Matura P.C.https://www.mscklaw.com/?p=501792024-03-11T15:03:23Z2024-03-11T15:03:23ZThose visibly over the age of 40
Technically, federal age discrimination statutes specifically protect those who are 40 years old or older. Younger workers do not necessarily have the same protection. Employers may need a certain degree of experience for a particular position or project. Younger workers who do not qualify for a job may not be able to claim discrimination based on age. Once a worker is 40 years old or older, they theoretically have protection from discrimination in the workplace. The older someone looks, the more likely they are to receive different treatments from coworkers. Women over the age of 40, in particular, may find that their appearance leads to reduced workplace opportunities and frequent discrimination.
Those in younger-skewing professions
Certain industries, including entertainment and information technology, have a strong association with fresh ideas, youthful workers and recent college graduates. Employees who have long established themselves in such professions may find themselves struggling to gain new opportunities or retain their current position because of the subtle biases within the industry itself.
Those who have experienced age discrimination at work may have reason to take legal action against their employers. Fighting back against age discrimination can compensate a worker and deter a company from permitting similar misconduct in the future.]]>On Behalf of Kessler Matura P.C.https://www.mscklaw.com/?p=501782024-02-13T19:35:41Z2024-02-13T19:35:41ZProtected classes and activities
Protected classes refer to specific groups of individuals shielded by law from discrimination and harassment in the workplace. These classes include:
Race
Color
Religion
Sex
Pregnancy
Gender identity
Sexual orientation
National origin
Age 40 or older
Disability
Genetic information
Protected activities can include reporting discrimination, participating in an investigation related to employment discrimination or opposing practices deemed unlawful under employment laws.
Forms of retaliation
Retaliation can show up in various forms, ranging from overt actions to more subtle behaviors, which can profoundly impact the affected employee. Examples of retaliation include:
Termination or demotion
Salary reductions
Negative job evaluations or increased scrutiny not justified by the employee's job performance
Transferring the employee to a less desirable position or location
Intimidation, threats or creating a hostile work environment
Other actions that would dissuade a reasonable person from making or supporting a complaint about discrimination
Not all adverse workplace actions constitute retaliation. For an action to be considered retaliatory, there must be a clear link between the employee's protected activity and the adverse employment action. The employee must show that the adverse action wouldn’t have occurred without their engagement in the protected activity.]]>On Behalf of Kessler Matura P.C.https://www.mscklaw.com/?p=501762024-02-05T17:04:27Z2024-02-05T17:04:27Zworkplace discrimination and harassment.
While they may sound similar, understanding their different nuances is crucial for protecting your rights and ensuring a fair and respectful work environment.
What is discrimination?
Think of it as having to suffer an unfair disadvantage based on a protected characteristic, like gender, religion, age, or disability, skin color or other protected status. This can include unfair treatment in job opportunities, pay, promotions, training or other work-related decisions.
Being passed over for a promotion in favor of a younger candidate can be an example of age discrimination. Receiving lower pay than male colleagues for the same work can be an example of gender discrimination.
What is harassment?
Workplace harassment is a form of discrimination that centers on unwelcome conduct that creates a hostile, intimidating or offensive work environment. It can feel like someone is constantly chipping away at your job, making it difficult to build a secure and fulfilling career.
An example of unlawful occupational harassment is people making offensive jokes or slurs based on an employee’s race or ethnicity. It can also involve unwanted physical contact and threats or intimidation.
No one should have to face discrimination or harassment in the workplace. If you encounter either in your job and you’re not able to resolve the issue through the human resources department or management, it can be helpful to seek legal guidance. Federal and New York anti-discrimination laws can point to a solution.]]>On Behalf of Kessler Matura P.C.https://www.mscklaw.com/?p=501752024-01-17T14:25:40Z2024-01-17T14:25:40ZEmployer retaliation is when the employer takes action against an employee based on a report they filed or some other action that the employee took. For instance, maybe the employee has been discriminated against or sexually harassed on the job. They report that this is happening but, rather than putting a stop to it, the employer retaliates against the employee who made that report.
One clear example of employer retaliation is when they fire the employee or terminate them from their position. In fact, many people are hesitant to report infractions on the job specifically because they worry about negatively affecting their career. But this is not the only way that employer retaliation can take place.
Giving the employee extremely low performance reviews for no other reason
Lowering the amount of hours that the employee gets to work each week
Reducing the employee’s salary or hourly pay rate
Transferring the employee to a different department or a different job that is considered less desirable
Generally making the person’s life more difficult at work, such as altering their schedule so that it conflicts with other areas in their life.
As you can see, retaliation can take many different forms, depending on the business in question and the employee’s position. But, no matter what it looks like, it could be an illegal practice because this type of retaliation is prohibited under U.S. labor laws. If you feel that this has been happening to you, then it’s crucial that you understand all of your legal options.
]]>On Behalf of Kessler Matura P.C.https://www.mscklaw.com/?p=501712024-01-17T14:25:07Z2024-01-17T14:25:07ZAll the risks fall on the worker
The misclassification of a worker as an independent contractor can save a company thousands of dollars annually. They don't need to carry workers' compensation insurance for that employee. They also won't have to worry about unemployment contributions or workplace benefits that might be necessary for a direct-hire employee. The company even saves on income tax, as businesses usually have to make contributions on behalf of workers but not on behalf of independent contractors.
A misclassified worker typically needs to make up that difference by paying taxes on their own behalf, and they may not have enough money in savings to cover those expenses. They may also not have protection if they get hurt on the job or suddenly lose their employment. Both New York state authorities and federal agencies can take legal action against employers that misclassified workers.
Workers and companies may disagree about classification
The devil is in the details, as the saying goes. That is certainly the case in scenarios involving conflicts about whether a worker is an independent contractor or an employee. Companies may continue to assert that someone was an independent contractor even when that person has worked like an employee and now needs workers' compensation benefits.
The tax paperwork that someone has filled out and the agreement they signed with the employer are not the only factors that matter. concerns, including how the company manages their daily work, can also serve as a major influence on how the courts view a case involving alleged misclassification. As such, reviewing someone's employment arrangements with an attorney could help them determine if they need to take legal action to address a misclassification by their employer.]]>On Behalf of Kessler Matura P.C.https://www.mscklaw.com/?p=501692024-01-17T14:23:57Z2024-01-17T14:23:57ZIf you want to quit your job, you may not want to provide any notice. Maybe you just had a sudden opportunity come up. Perhaps you’ve been frustrated with your job for a while and this was the last straw. Regardless of the reason, you want to just walk away and seek other employment immediately.
But when you talk to your boss, they tell you that you have to give two weeks’ notice. Maybe they act like they’re telling you what you have to do from a position of authority, or perhaps they point to an employee handbook that says two weeks’ notice is expected. Do you actually have to do this?
Not if you’re an at-will employee
It all depends on whether or not you have an employment contract. If you do, that contract may state how much notice you need to give. Violating the contract could result in certain penalties.But if you don’t have a contract, then you are an at-will employee, like most workers in the United States. At-will employees do not have to give any notice before they quit. Likewise, employers do not have to give notice before firing these employees. The relationship can be terminated on either end, at any time. So it doesn’t matter what the employee handbook says or what your boss tells you that you “have” to do. You can quit at any time that you want under current labor laws.Unfortunately, things like this can sometimes become complicated because employers interpret the law differently or don’t even understand what it says. If you find yourself in a complex situation, it may be necessary to look into all of your legal options.]]>On Behalf of Kessler Matura P.C.https://www.mscklaw.com/?p=501672023-12-19T16:35:51Z2023-12-19T16:35:51ZFacing workplace discrimination can be an emotionally taxing and challenging experience. You may want to quit your job out of sheer frustration and look for another more conducive work environment. However, resigning in the heat of the moment may not be a good move.Here's why staying put can be more advantageous in the long run, despite the difficulties occasioned by workplace discrimination.
It’s easier to build your case from within the organization
You may feel that leaving the toxic environment is the best solution, but staying on the job can provide opportunities to build a stronger case against discrimination. Remember, any form of workplace discrimination is prohibited, and you may have a valid claim against your employer. You could be entitled to damages like missed wages and the emotional distress you endured.Documenting discriminatory incidents, gathering witness accounts and having firsthand experience can help build your case. It’s easier to collect evidence and demonstrate a pattern of discrimination while still part of the organization.Additionally, fellow employees will not regard or treat you as an outsider if you stay put. The solidarity with your colleagues can even encourage others to come forward. Lastly, you may be unable to utilize internal resources such as HR or company policies if you quit. Staying allows you to follow these protocols, potentially leading to investigations and corrective actions.Navigating workplace discrimination is complex, and legal guidance can offer insights into the specific laws and protections available to you. It can also help strategize the collection of evidence and guide you through formal complaint procedures and the potential outcomes of the various actions you might take.
]]>On Behalf of Kessler Matura P.C.https://www.mscklaw.com/?p=501652023-12-19T16:35:09Z2023-12-19T16:35:09ZIt's unlawful for an employer to treat an employee or job applicant unfavorably because of their identity attributes, including but not limited to race, color, age, gender, gender identity, sexual orientation and national origin. Height and weight have been added to the protected classes in New York City.
A survey conducted on 1,000 working Americans showed 36% of them have experienced discrimination due to their height, weight or level of attractiveness. This has significantly affected their careers and mental health. Therefore, it was vital for New York workers to be protected.Here is what to know about this matter:
You can take action against an employer
The New York City Human Rights Law’s (NYCHRL’s) provisions that prohibit employers from discriminating against employees and applicants based on height and weight were signed into law by Mayor Eric Adams on May 26, 2023, and took effect on November 26, 2023.Accordingly, you can take action against an employer who treats you unfairly because of your height and weight.
There are limited circumstances
An employer may make a decision based on height and weight without getting into trouble, provided they can prove considering these attributes was necessary. For example, a casting director may only consider applicants of a certain height or weight if the character must be of that quality.
How does discrimination based on height and weight happen?
Like any other discrimination case, it can be challenging to recognize height and weight discrimination. But a few signs can help you. An employer may directly use offensive language towards you. Further, failing to allow or consider alternative actions required by the NYCHRL to accommodate you may constitute discrimination.Height and weight discrimination in the workplace can be subtle. If you believe you have experienced it, get legal help to protect your rights.
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