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October 2014 Archives

Employee Rights When Being Disciplined for Misconduct

Depending on whether you work for a public entity or private entity you have rights if you are being faced with accusations of wrongdoing or misconduct differs. Typically, in the public setting or the municipal setting where you work, for example; a town or village, city, county, governmental entity, a school district, those types of situations often require for you to be served with a notice of charges which sets forth specific instances of misconduct or charges on your part. These usually need to be specific and if they are not there are certain things your attorney can do to ask for more particulars and those particulars will probably spell out for you a little bit better about what it is the employer is accusing you of. Following that notice of charges, you then have the right to answer the charges and you also have a right to a hearing. You can determine whether you want to demand a public hearing or often times these things will be kept confidential or private  Going forward to a hearing, you have the right to representation at that hearing with an attorney in of your choice.  You also have the right to call witnesses on your behalf, to cross examine witnesses that are called for the employer to present evidence and to try and rebut any accusations that are being made against you. Some employees feel that they are able to do this on their own and that they feel confident in their position that they are going to be able to clearly show that the accusations are false, however I will caution that typically in these situations hearing officers do follow certain rules of evidence and those rules that they follow. Often times this leaves employees in situations where they are really unable to present the evidence that they think really needs to come across.  It's very important for employees to try and understand this because you can’t undo what you have already done in terms of the hearing. You may be able to get an interim and then try to hire an attorney at that point but its often too late in the day so you really want to have adequate representation, representation that you are comfortable with and that you trust going forward from the beginning so that a strategy can be put in place and followed from the beginning through the finish.

I'm a Licensed Real Estate Broker and was Working a Deal on Behalf of a Seller. Suddenly They Decided Not to Pay My Brokerage Fee. What Can I Do?

We have worked with licensed real estate brokers in our practice in White Plains, NY who come to us thinking that they are entitled to a commission. In situations where they have worked on a project for several years and then their brokerage agreement expires. We have worked with these brokers making a fact intensive inquiry reviewing the brokerage agreements saying what the facts are and getting the facts and the timelines as to what the broker did to bring about the transaction. There are times we can establish that the broker has facilitated the environment and the transaction occurs and we have been able to take action, which can be litigation and sometimes litigation helps enable the broker to collect his commission.

How To Protect Yourself From Disciplinary Charges Seeking To Terminate Your Employment

In some employment situations employees are entitled to what is called notice of misconduct or incompetence. That’s typical, you will find in a union represented employees and as well as in civil service positions and as well as in people who we call property rights in their position of employment. What will happen initially, is a notice of charge will be sent and depending on where your employer is and what rules and laws govern the particular circumstances of your employment you are going to have a set number of days to answer those charges. You have to be very careful not to go beyond that period of time and it’s very important that if you are represented by a union you make sure that the union is carrying out its obligations to either respond to those charges or answer those charges for you. Going forward from there, typically the employee will be entitled to what’s called a hearing. A hearing is usually like a mini trial, it’s usually conducted before an administrative law judge or other type of appointed hearing officer at which time the employer needs to prove the disciplinary charges against you by calling witnesses and presenting evidence and you certainly have the right to have representation during all phases of the disciplinary process.

Should I Have a Lawyer Defend Me Against Disciplinary Charges?

In the event that you receive disciplinary charges at your job and are usually in the form of a notice of misconduct or incompetence you should absolutely contact legal representation in Westchester County. This is a serious matter that can affect not only your current position of employment but your future possibilities of getting another possible position of value and prestige. Disciplinary charges typically have to allege that you have engaged in some type of misconduct, it could be egregious or minor but going forward the potential or prospective employer is not going to know how serious those charges were. Whenever you are served with charges of misconduct or incompetence that sort of carries a stigma that can follow you through your career. It’s absolutely critical that you seek legal advice from an White Plains, NY attorney in order to determine how you should handle those charges. A lot of times some resolution is heard where some finding is not going to be placed in your personnel file or there is not going to be a resolution sort of public hearing, where these charges are going to be aired and known to others, I would highly recommend that you hire an attorney.

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