In the public employment in the New York sector there are many unions at work, whether they are state wide unions, local unions, teachers unions, and we have many clients who are very active in their unions. Some, employees are even presidents of their unions, in the public sector it is illegal and against the first amendment to take adverse employment action against an employee because of their union activities and we have seen situations when people are transferred, denied over-time, or basically suspended. Although, they still have their jobs, various benefits of the job are taken away from them because of their union activities and in those cases there may be a claim against the public employer. We take these claims very seriously, they can be pursued in federal court and we have had some success with those claims but it’s a factual intensive inquiry that we have to make before recommending that an employee would pursue such a claim.
This informational blog post was provided by Jane Gould, an experienced White Plains Employment Attorney.