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August 2015 Archives

My Rights to Due Process

Due process in New York is always an area that needs to be looked at in terms of the type of employment that you hold. In the private setting there typically is no right to due process. Typically, the right to due process is found in employment in White Plains, New York that relates to governmental employment and where the employee is considered to be a competitive civil service employee or has some kind of tenure right to the job.  It also could apply to non competitive employees if they have held their position four or five years continuously without a break in service. The question to what Due process is,  is that you are entitled to circumstances really is a product of state law and state laws provides you with what is considered to be your property right.  There are exceptions of course, the government can get around applying certain due process protections.

What Are Equal Protection Rights?

Equal protection is another avenue where an employee can bring a complaint against their employer in White Plains, NY and  where they are being treated differently. In addition, to the laws that cover discrimination in the work place, title seven covers discrimination in the work place based upon gender, race, religion, national origin, etc.  The section 1983 also provides a claim that can be brought through the equal protection clause. You may wonder why they would want to bring claims under both provisions, and the reason is because those provisions do provide protection for different remedies and they also provide different defenders. Under title seven you are not able to sue individual defendants, you are only entitled to sue your employer. Under the equal protection clause, if you work for a public entity and a state actor has taken some discriminatory action against you, you can actually bring a claim under the protection clause against that individual's supervisor directly. It’s important to always evaluate not only whether you have a claim under one law but other laws and which can afford you different defendants and remedies.

Challenging a School Expulsion

Depending on what happened in the school setting if a college student is expelled from school, sometimes there is a special proceeding that can be brought to challenge that dismissal in White Plains, NY. We need to look at the facts and circumstances, what evidence existed of the particular charge and what the actual outcome is, as well as other similar situated students who were treated in a similar or different manner. There are typically challenges that can be made, we think that challenge would be a viable one as we would never advice someone to undertake the expense and the time commitment of challenging a decision if the outcome is certainly not going to be favorable to them. We do need to look at the facts and circumstances of every particular situation and give you our opinion based on those facts and circumstances.

Can a Non-Compete Stop Me From Starting My Own Business?

The employee lawyers at Gould & Berg in White Plains, NY, we have many clients who come to us who have worked for employers and have signed a non-compete agreement which may have a solicitation in it, and these employee want to start their own business.  The question now is will that non compete affect their ability to do so. When we meet with this employee, we are first going to review the agreement that they have signed. and much of our response is going to depend on the provisions of that agreement. That agreement may have had a non-compete clause that says they can’t compete with their specific business area, their particular geographical area and it might also have a non-soliciting clause, which might include soliciting customers of their employer and might include soliciting employees of the former employer to come and work for them. So, we look at all of those provisions and we then examine what it is the client is proposing to do in their new business venture and whether we think they are at risk of being sued.  The key is whether he is at risk because the courts interpret their various non-compete agreements in various ways and it’s often difficult to predict exactly how that kind of litigation is going to end.

Accused of Cheating at the University Level

The student discipline lawyers in White Plains at Gould & Berg LLP, have had university students coming to us in both the public setting and the private setting who have been accused of cheating on an examination, or plagiarism and the question is, can a lawyer help you in this kind of situation? Parents should know that students have very few rights in that academic situation but what we have been able to do is examine the facts of the situation.  Sometimes, we have even been able to get the examination papers that give rise to the accusation of cheating, we speak to the student and try to direct them on how to approach the situation and in many cases we have been successful.  Although, the student appears by themselves with the academic authority, we have been successful in having the student be found not responsible for the cheating and the ability to proceed with their academic career.

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