Many times as an experienced New York Employment Attorney, I am often asked what to do if you do not get along with your new manager. Sometimes when you are in a situation in the workplace, you often feel that you need to leave the situation in order to make your life better and you have to really seriously consider that decision before you make it. The problem is once you quit your job you are no longer in a position to have any kind of discussions, negotiations or even an amicable resolution to the problem; the ultimate issue is keeping your income, keeping your benefits whether they are for you individually, or for your family.
As Orange County Employment Lawyers, we have a number of situations in our office with clients who own apartment buildings locally and in the city of New York. A number of those buildings, particularly in the city, have live in superintendents, and the question arises as to whether that superintendent has to be paid overtime particularly because the superintendent is more or less on call 24/7. Again, the answer is it depends.
I am often asked as an experienced White Plains Employment Attorney about requesting time off and additional accommodations after surgery. In terms of employees who might be facing some kind of medical, physical or mental disabilities, often times employers receive requests for accommodation. These are employees who are asking for a variation in their typical work day such as their physical work space, their work hours or work location. Nowadays, especially with the ability of telecommuting, almost everybody can perform at least some functions from an outside location. That often times ends up being a request from people who have suffered some type of physical incapacitation where it has become difficult for them to commute to the workplace.
As a New York Employment Lawyer, I have worked with many professionals both accountants and attorneys who have come to us after starting their own practices. In certain of those situations these individuals have signed agreements with their old firms with which they agree that if a former client comes with this individual to that new firm, the individual will pay fees collected in the new firm for a period of time to the old firm. The question arises, can this accountant, or this attorney be forced to pay those fees and can the old firm stop these clients from coming to the new firm? As a New York Employment Lawyer I will also look at the agreement to see what exactly the terms are, but typically no one can stop a client from going where he or she wants to go. In such situations we try to work with the client to negotiate a resolution that falls short of litigation. If litigation is needed involving these issues, we work hard and diligently to resolve this as fast as possible.
As an experienced New York Employment Lawyer, people come in to me all the time, especially with the fact that the workforce of this country is aging, that people are working longer, and they come in, one particular individual comes in and tells us that he or she was the oldest person in the company, has just been terminated, and he or she is sure she has a claim of age discrimination. It really depends. First of all we inquire: how big is the employer? Because only certain employers are covered by the Age Discrimination and Employment Act. Very small employers, for example less than four employees, are not covered by the act and even by New York State law.
Many times as an experienced White Plains Employment Attorney, I am asked if someone can sue their company for discrimination. In our country there are both federal laws that stand country wide and state laws depending on the individual state, those laws could vary as to what is actionable against an employer. The area of discrimination within employment in NY include harassment in the work environment, gender discrimination, age, religion, national origin, marital status, age, disability in New York also sexual preference, domestic violence, victim status, these areas of law are covered both in federal and New York with some overlap. Depending on the size of the employer, meaning how many employees the employer has; the employer could be subjected to both segments of the law. In New York state for example, you have to have four employees to be considered an employer who is sue-able under the New York state division of human rights laws. In federal law it could be something like 15 employees, or even 20 employees and some provisions like the family medical leave act, needs 50 employees in order to be qualified as an employer that can be sued under those types of laws. So, the question of whether you can actually be sued is one that varies from not only state to state but varies between state and federal law.