When a claim is first filed with the US Equal Employment Opportunity Commission, which we refer to as the EEOC, the EEOC will actually appoint a representative to monitor that claim. Typically, the EEOC will do one of three things. One is, unfortunately due to staffing, sometimes the complaint is not focused on for some time, and it ends up that the employee after six months can sue in court without the EEOC doing anything.
As a White Plains Employment Attorney, I will have municipal employees who come to me after they have been through a full disciplinary process. That process can include the receipt to those charges and the ability to answer those charges in writing. Then a full administrative hearing will be granted before an appointed officer where testimonies can be taken and exhibits can be offered in evidence. After that hearing, a recommendation is made to the appointing authority and the appointing authority may decide to fire that individual. People come to me as a White Plains Employment Attorney and say "can I appeal that termination?", and the answer is yes.
As experienced Rockland County Employment Lawyers, clients often complain to us about unequal treatment at work and there are times when a client sees that certain members of a protective class are being disciplined for apparently minor infractions and others who are not members of that class are not being disciplined for those infractions. Again, we inquire very, very closely into the facts and circumstances surrounding the situation. It could be that some of these other minority employees have previously been disciplined. We inquire into those facts.
As an White Plains Employment Lawyer, I have a number of municipal employees who come to me with disciplinary problems. Depending upon the status of that employee, the employee may not be fired without notice, without charges, or without a hearing. If the employee has permanent competitive civil service status, he can’t just be fired on the spot because there is a process that has to be followed.
Many of the people that I meet with as an experienced New York Employment Attorney are Municipal employees which work for some governmental subdivision. The question arises frequently in that setting as to whether an employee who is being subjected to derogatory comments on the basis of race or national origin can do anything about those comments. Frequently we hear of situations where the individual’s boss doesn’t believe that whatever the employee is reporting is very serious. In that case, most municipalities have a procedure for making a complaint of discrimination or hostile environment based upon race, national origin, etc. The first place the employee has to go is through the internal complaint procedure. We try to assist the employee in that procedure; whether it's fashioning a written statement or in navigating the verbal complaint process to ensure that complaint goes on record and followed through with the municipality.
As experienced Putnam County Employment Lawyers, we have clients who are employers and come to us having either terminated former employees or having experienced the former employee's departure from the business. Sometimes those employees go into their own business and compete with our client, the former employer, and the question becomes: what if anything can the former employer do about that? The answer frequently depends on whether the former employees have signed an agreement with the employer not to compete for a period of time in a particular geographic location following their departure from the business.
One of the things that I do as a White Plains Employment Attorney is to make sure employees who are employed and want to continue to be employed, are dealing with issues in the workplace. We have employees who have reported to us that their bosses are making derogatory comments about other employees to them and these comments are making them feel very uncomfortable. The question arises as to what the employee can do about that. As an experienced White Plains Employment Attorney I will work with the employee to take a look at the environment and what the employer's policies and procedures are to encourage that employee to follow those policies and procedures and to attempt to resolve those issues internally.