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October 2016 Archives

White Plains Employment Lawyer Discusses Having Prior Clients Follow You To Your New Business

At the office of Gould and Berg in White Plains, NY, we have worked with many professionals, both accountants and attorneys. They have come to us after starting their own practices. In certain situations these individuals have signed agreements with their old firms, in which they agree that if a client of the former employer comes with this individual to a new firm. That the individual will pay a certain amount of the fees collected in the new firm for a period of time to the old firm. The question arises if this attorney can be forced to pay those fees, and if the old firm can stop these clients from coming to the new firm. We also look at the agreement to see what exactly the terms are. Typically, no one can stop a client from going to where they want to go but having the representation or the accounting work done where they want to. There have been many circumstances where provisions require a payment of fees to the old firm. In such situations, we try to work with the client to negotiate a resolution that falls short of litigation. However, there has been litigation involving these issues, and we work hard and diligently to resolve this as fast as possible.

Westchester School Discipline Attorney Discusses a College Student Accused of Cheating on a Final Exam

As an experienced Westchester School Discipline Attorney, I am often asked by clients about students cheating in college. In a college setting one of the measures that are taken by the administration is to have the student come in for questioning and meet with an official from the school. It could be, for example, a dean of the school or somebody in the personnel department. Each school is different in terms of what their procedures are, but generally speaking, in these settings, the student is not permitted to bring in a representative or even a family member. The goal of the meeting often times from the school perspective is to get the students take of what happened and hear what the student has to say, in order to make a credibility decision as to whether they believe the student or they believe something different from what the student is telling them.

Orange County Employment Lawyer Discusses Holding a Position for a Sick Employee after 12 Weeks

As an experienced Orange County Employment Lawyer, we often hear from employers about whether they have to hold a position for an employee who has been out sick for over 12 weeks. Under 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. There are of course provisions that sometimes require to exhaust any accrued time upfront say if its vacation time or sick time that they have available to be used during that period of absence. The employer often times is faced with a difficult position of filling the employees position while they are absent. If we don’t want this employee to come back, can we 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. Therefore, we are saving money by not having them re-enter the workforce for us. 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

Rockland County Employment Lawyer Discusses if Parochial Schools are Subject to Religion Discrimination Laws

As an experienced Rockland County Employment Lawyer, we've had clients come to us with questions regarding whether parochial schools are subject to religious discrimination laws. As with most laws, there are always exemptions that can be found in the laws which pertain to the employment area specifically. For example, if you work in a private parochial school in Rockland County, and there is a claim being brought that you are being discriminated against on the basis of religion. Often times that type of claim will fall within an exemption of the law which provides certain institutions with the ability to make decisions based on religion. This is the basis because their religious focus is one of the missions and that is what is considered to be one of their legitimate business objectives.

Putnam County Employment Lawyer Explains if Employers are Required to Train on Discrimination & Harassment

As an experienced Putnam County Employment Lawyer, I often hear from employees who feel they were discriminated against. One common question they have is "Are employers required to train their employees on discrimination and harassment?" Employers are not required to give any specific type of training by law to it's staff or to it's categories of staff. For example you may want to train a new employee upon hiring on certain procedures that you have them carry out their job duties and responsibilities, that training would be different, for example; to a management person who would need to be trained on how to appropriately supervise or write a job performance evaluation or in determining how much to give as a bonus or an incentive payment to an employee that they supervise. The question always becomes how far that training should go and I recommend that employees give training to management level staff on topics of discrimination and harassment in the work place.

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Gould & Berg, LLP
222 Bloomingdale Road
White Plains, NY 10605

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