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Posts tagged "Wrongful Termination"

What are my rights as a pregnant employee in New York?

People often say you should know your rights in order to protect them. But the fact that there are perhaps dozens of laws that apply to each person's unique situation means that not everyone can be an expert on the law. This leads to a lot of questions, some which find their way on our blog.

Does pointing a gun at a worker mean you're fired? pt.2

Last time, we were looking at a recent case from the Second Circuit that involved a security guard who had filed a claim for unpaid wages and retaliation under the Fair Labor Standards Act (FLSA). A lower court had allowed is unpaid wage claim, but dismissed his retaliation claim because he had made an oral complaint to his supervisor and not written complaint to a governmental agency.

Does pointing a gun at a worker mean you're fired? pt.1

The Fair Labor Standards Act (FLSA) governs much of the employment rights of workers in the U.S. As the name implies, the FLSA sets many standards for employers, including wage and hour laws. To ensure these laws can be enforced, the FLSA has anti-retaliation provisions, to prevent employers from firing employees who complain about violations of the FLSA.

When a job injury becomes a wrongful termination

The facts of a wrongful termination cases often begin as something else. A case involving a former police officer begins with the officer suffering an injury while on duty. He dutifully filed a claim for workers' compensation benefits. He eventually returned to work, about a year after his injury.

Protecting whistleblowers from retaliation

Employees in New York may benefit from learning more about whistleblower protections guaranteed by Occupational Safety and Health Administration regulations. There are several laws in place that the OHSA can cite when penalizing employers who retaliate against whistleblowers. Retaliation can be described as protected employee activity that proves to be a contributing factor to an unfavorable personnel action conducted by an employer.

Employer retaliation easier to prove under New York law

To win a case under Title VII, a ruling by the U.S. Supreme Court suggests that an employee would have to prove that employer retaliation was the sole reason for termination. If an employer claimed there were other reasons for the termination, the employee would lose his or her case. However, the New York City Human Rights Law states that employer retaliation must only be a factor in such cases.

New York employment law and employee mistakes

New York residents are likely familiar with cameras placed on traffic signals to record the license plate numbers of vehicles that fail to stop at a red light. The subsequent tickets are sent by mail to the registered owner of the vehicle, but some may wonder who is responsible for payment when the vehicle in question is owned by a company but being driven by an employee. In these situations, New York employment law states that payment is the responsibility of the employer.

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