I am often asked as an experienced White Plains Employment Lawyer, if an employer is required to hold a position while an employee is out on extended leave. Under the FMLA, the family medical leave act, certain employers are covered by this provision of law and it can enable an employee to take up to 12 weeks of leave in NY. There are of course provisions that sometimes require to exhaust any accrued time upfront, say if it's vacation time or sick time that they have available for them and can be used during that period of absence. The employer often times is faced with a difficult position of, if they can fill this employees position while they are absent and what if they don’t want this employee to come back, can they eliminate this position. Let’s say the employee was out for two weeks and you realized that you can actually do this job with the existing staff and you don’t need this person to come back and therefore saving money. These are all difficult questions that involve not only the Family medical leave act but also questions about the disability laws and whether they will be protected under those laws. Sometimes,you may have employees who are filing applications for short term disability or long term disability at the same time and you need to consult with White Plains Employment Lawyer who is familiar with these areas of law in order to navigate through them.
As experienced Westchester County Employment Lawyers, people sometimes come into our office, not immediately upon termination but they wait for a period of time. They think about what's happened, feelings fester, and often clients come into the office as much as a year or sometimes more after a termination. There may be a grounds for a lawsuit, maybe there is illegal discrimination, and the question is: what can I do now? So much time has passed.
I was recently asked as an experienced New York Civil Rights Lawyer as to what Section 1983 is, and what is important to know. Section 1983 is a provision in the US code which in New York allows certain claims to be brought against municipal entities and or their state actors, these would be employees of governmental entities like state, counties, a city, village or town and also school districts. 1983 is basically the vehicle through which an employee can bring a claim for violation of their right to free speech under the first amendment in New York. I will advise my clients as a New York Civil Rights Lawyer that it may be the vehicle for a newspaper publisher to bring a claim for violation of the right to free press. it also encompasses things like false arrest, malicious prosecution and the use of force which are covered by the fourth amendment’s in the state constitution and you can also seek claims. For example, under the fourteenth amendment where maybe a competitive civil service employee is entitled to due process before they are terminated.
I often am asked as a New York Civil Rights Lawyer to explain a person's first amendment rights. The first amendment protects the rights of every citizen to engage in certain activities such as speech, press, even religion. There is also the right of affiliation, and the affiliation could be a political affiliation; for example supporting a certain political candidate or opposing one, and it could also involve the right to affiliate with a union. A trustee, a president of the union, or a safety officer with the union. The first amendment covers all of these areas of law in terms of one specific defining category. I advise clients as a New York Civil Rights Lawyer that you have the right not to be retaliated against for engaging in those kind of activities and the action against you has to be taken by a state actor and the state actor again is somebody who is cloaked with some type of governmental authority. The key factor is always whether a state actor put some action against you as a result of you exercising your rights under the first amendment.