I am often asked as a New York Employment Lawyer what a client can do if their school did not renew their contract. In the private school setting the claims that can be brought against the employer either for non renewal of contract, termination, or some other form of adverse action really follow the typical employment laws. These are discrimination based upon typical categories, EEO categories like race, gender, national origin, age and disability. I advise clients as a New York Employment Lawyer that you don’t necessarily have a claim against your employer for wrongful termination unless you can show that the termination was based upon an impermissible category. This would apply with equal force in a private employment setting and include a religious or a parochial institutions with the exception of religious discrimination claims. In terms of evaluating claim, it’s the same type of analysis that will be done in any private employment context in determining whether or not you can show that the motive is of unlawful intent.
In public schools there is a lot of focus on the concept of bullying and the laws have certainly come a long way in the last three years in trying to prevent bullying from occurring, and imposing obligations on school districts to have certain bullying practices in place. Sometimes, you will see that bullying starts as early as kindergarten; you will certainly see them in schools in the elementary school and high school level. Bullying in New York is a serious topic and it's one that schools definitely are focused on, and it’s something that is on their radar and accusations. Of course you have ramifications not only for the person who is being accused but also for the victor. If your child has been accused of bullying, you certainly want to contact an experienced White Plains School Discipline Lawyer, to make sure that your child’s rights are protected, and that steps are being taken to prevent dissemination of the information unnecessarily so that there is no stigma attached to your child going forward. You want to make sure that certain policies and practices are being followed in terms of education law, in determining whether the child is entitled to due process or the right to be heard in a hearing. Sometimes, these things will go to a superintendent hearing where a decision is made based on witnesses testimonies, documentary evidence, who saw what happened, whether there is credibility to the allegations or whether there is credibility to the denials. Advice from an experienced White Plains School Discipline Lawyer is really critical in those areas in order to make sure the child accused of being bullying is adequately protected.
As Rockland County Employment Attorneys, when individuals are facing termination, sometimes it’s under circumstances where they feel they’ve been treated differently or in a discriminatory way in the workplace, and they may have even made a complaint of discrimination and now they feel that their termination is a form of retaliation against them for having made a complaint. Sometimes the separation agreement is specifically offered in order to extinguish any legal claim that the employee might have under those circumstances, particularly where the employer has become aware of the facts and circumstances that may lead to a discrimination or retaliation case.
I was recently asked as a New York Student Discipline Attorney about what to do if a child is hearing inappropriate sexual language in school from a teacher. In terms of a student who finds themselves in a difficult situation with one of their teachers, the schools have complaint mechanisms in place where you can bring those complaints to light. You want to do this in a way that it’s going to get the attention of the school quickly and the school can act to put an end to whatever the problem may be. Of course, there are always going to be questions of credibility of whether the student is telling the truth and whether the teacher is telling the truth, and sometimes it does involve more of an investigation by the school which can take time.
I am often asked as a White Plains Employment Lawyer about becoming a member of an LLC. Many of us have heard of the term LLC or limited liability company, it’s another form of business entity separate in a part from a corporation, and we have people coming to us all the time wanting to form an LLC or wanting to become a member of an LLC that is already formed. When that occurs the first thing that we do if it’s an LLC that has already been formed is take a look at the LLCs operating agreement, we look at every provision of that agreement and we also look at what state that agreement was formed under. Our White Plains Employment Lawyers will work with the client and with the existing LLC to amend the agreement to admit the member. We will ask questions about compensations, management, about what the mission of the organization is, to work with the existing LLC and amend the operating agreement to comply with what the intentions of the parties actually are.