As an experienced White Plains County Employment Attorney, I consistently receive questions about protecting oneself for reporting suspected child abuse. People may not know that in New York, pursuant to the New York social services law certain employees are mandated reporters of suspected child abuse or neglect. Among those mandated reporters are nurses, doctors, teachers, certain other school employees, social workers and the like.
When one is appointed to a civil service position in the state of New York, one is specifically appointed on probation and the probation can last a particular time. It's typically 26 weeks but it can be up to 52 weeks, and still can be extended. As an experienced White Plains Employment Lawyer, I am often asked what rights does a probationary employee have? Unfortunately, very few rights. The employee does have the right not to be discriminated against in the terms and conditions of employment based on being a member of a protected class.
As experienced Rockland County Employment Lawyers, we receive phone calls from potential clients often saying that they feel they’ve been wrongfully terminated. That’s a term of art that really needs to be explored to determine whether there’s some basis for a legal claim in court. Wrongful termination typically takes the form of an employee disagreeing with the reason for their termination, but that in itself does not mean that the employee has a case to be filed in court.
As an experienced White Plains Employment Attorney, I often have municipal employees come to our practice. We all know that today in the municipal setting that budget is everything and all municipal entities are looking for ways to cut their expenditures. We have heard questions and situations involving abolition of civil service jobs, and these are protected jobs where the only way you can get rid of that person is to bring them up on charges or to abolish the job. There are even situations where people have come to us after a lifetime in a job almost thirty years in a job where that protected position is abolished. The employee can collect maximum pension under the law at age 55 having given 30 years of service. The question now becomes, what can be done to challenge that?
As seasoned Westchester Employment Lawyers, people come into our office often and describe things happening in the workplace that they call harassment. What we have to tell people is that the word harassment in and of itself has no legal meaning. The words that do have legal meaning are harassment coupled with/because of race, gender, age, disability, in New York: sexual orientation, national: origin, religion, color, and if harassment is motivated by one of those factors we can talk about what can happen.
As an experienced White Plains Employment Lawyer, I have had many teachers that are appointed on a probationary period, but are on a tenured track. This means that you haven’t talked about having tenure after three years, after successful completion of three years your position ripens, and you will be appointed on tenure. When there is a concern about tenure and this typically arises in the third and final year, we try to work with the employee to ascertain what the issues really are and see if we can resolve them short of a denial of tenure.
As skilled Putnam County Employment Attorneys, we've seen a recent trend for employees to provide not specific references about the substance of an employee’s work performance, job capabilities, et cetera on the job, but rather to provide a perspective employer a reference that consists only of the title of the position the employee held and the dates of the employment. Sometimes employers will verify salary information if authorization is provided. Under these circumstances it makes it difficult for an employee to find a perspective job because the reference is not backing them in going into their new position or venture.
As an experienced White Plains Employment Lawyer, I do a lot of work with tenured teachers in my practice. The most frequent complaint that we have recently is that the teacher is receiving an evaluation or classroom observation that rates the teacher as either unsatisfactory, ineffective, or needs improvement in particular areas. The question arises as to whether that teacher can lose his or her job as a result of that. The word Tenure has a very distinct and important meaning in the state of New York and in other states. A tenured teacher cannot lose her job over one observation or evaluation. For a tenured teacher to lose her job, typically, she has to be served with charges under section 30,20A of the New York state education law. She is entitled to a hearing in the charges, she is entitled to the superintendent making the decision, and then if she doesn’t like that determination, she may be able to appeal to a higher level including the New York state commissioner of education.