Gould & Berg, LLPWhite Plains Employment Law Attorney | Civil Rights2024-03-04T18:27:39Zhttps://www.gouldberglaw.com/feed/atom/WordPressOn Behalf of Gould & Berg, LLPhttps://www.gouldberglaw.com/?p=483282024-03-02T18:29:07Z2024-03-04T18:27:39ZBeing too broad
One of the most common errors is making the non-compete too broad or restrictive. If the limitations on time, geography and scope of work are unreasonable, it can render the agreement unenforceable.
As a general rule, you should limit restrictions to less than two years and a reasonable geographic territory where the employee worked and had influence.
Lacking consideration
Under contract law, non-competes should include consideration. That means it should include something of value given to the employee in exchange for signing. Often, just having a job is not enough. You either need to give a promotion, raise, continued employment or access to trade secrets.
Failing to update agreements
It is important to review and update your non-compete agreements. If an employee receives a promotion to a role with expanded responsibilities, access to more confidential information or influence over different products, services or territories, the original agreement terms may no longer be reasonable or enforceable.
Have employees changing jobs or responsibilities sign an updated agreement tailored to the new position. Courts may see an outdated agreement as too restrictive for the employee's current duties.
A 2019 survey indicates that 49.4% of businesses have non-compete agreements for at least some of their staff. Protect your company's interests with a comprehensive and enforceable non-compete agreement.]]>On Behalf of Gould & Berg, LLPhttps://www.gouldberglaw.com/?p=483262024-01-08T21:21:49Z2024-01-08T21:21:49ZOpen lines of communication
Engage in open communication with your colleagues and supervisors. Choose a time to discuss your concerns calmly and professionally. Be specific about the behaviors or comments that have made you feel discriminated against. Express how these instances impacted your work environment.
Document issues
Keep a detailed record of dates, times and descriptions of each incident. This documentation will serve as valuable evidence if you need to escalate the matter within the organization. Avoid emotional language in your records and focus on the facts to maintain a professional tone.
Gather witnesses
Seek out coworkers who may have witnessed the discriminatory behavior. Their perspectives and experiences can provide additional insights and strengthen your case. A collective effort to address age discrimination can have a more significant impact when you make a report.
Escalate the situation
You may need to escalate the matter to higher levels of management or the human resources department if initial reports do not solve the problem. Present your concerns clearly and concisely. Produce the evidence you have to back up your claims.
Addressing age discrimination usually requires a direct approach. The law is on your side, but you have to prepare to provide proof of what happened. By standing up for yourself, you also help to contribute to a workplace culture that values the diverse experiences and contributions of every employee.]]>On Behalf of Gould & Berg, LLPhttps://www.gouldberglaw.com/?p=483242023-11-08T18:49:51Z2023-11-08T18:49:51ZFamily Medical Leave Act
Under the FMLA, eligible employees in the United States can take up to 12 weeks of unpaid, job-protected leave each year. You may use leave for several reasons, including health problems, family care responsibilities and the birth or adoption of a child.
When you take FMLA leave, your health insurance coverage continues as if you were working. Upon your return, your employer must restore you to your former position or an equivalent role with the same benefits and pay. Your employer must not interfere with your right to take FMLA leave or retaliate against you for doing so.
Paid Family Leave in New York
In addition to FMLA, the state's PFL program offers more benefits for New Yorkers. PFL provides paid leave to bond with a new child or care for a family member with a serious health condition. Unlike FMLA leave, you do not have to use your vacation days when you utilize PFL.
PFL also ensures you can return to your original job or a comparable one after your leave. Your health insurance remains in effect during this time, but you must keep up with your insurance premium contributions to maintain coverage.
Addressing employer retaliation
If you face retaliation for taking leave, you can file a complaint to protect yourself. Retaliation can include demotions, pay cuts or unwarranted disciplinary action. It is a good idea to document instances of retaliation, including dates, times and all communication related to the issue. Documentation can support your claim and provide a clear record of your employer's actions.
Both state and federal laws ensure you do not have to choose between your health and your job. Understanding these protections is key so you can take necessary leave, knowing that your job and benefits remain secure.]]>On Behalf of Gould & Berg, LLPhttps://www.gouldberglaw.com/?p=483222023-09-11T17:08:08Z2023-09-11T17:08:08ZUnderstand the law
Federal law requires employers to prevent discrimination against pregnant employees. The Americans with Disabilities Act provides some protections. The recently passed Pregnant Workers Fairness Act establishes further requirements. In addition, many states have their own laws in place for pregnancy protection.
Explore accommodation options
Many employers struggle to understand reasonable accommodations for pregnant employees. Employees might need modified work duties to minimize physical labor. Some employees need a change in work environment for safety reasons. A flexible schedule makes it easier to schedule doctor’s visits and take needed breaks to eat or rest. Accommodate what you can without creating undue hardship for your business.
Every situation and pregnancy is different. Complications and health concerns can increase an employee's accommodation needs. Make sure all pregnant employees understand how to communicate any accommodation needs. Provide information about their rights and the company’s FMLA leave.
Evaluate workplace policies
Establish an education program for the prevention of pregnancy-related harassment. Employee education and strong company policies protect your pregnant employees. Pregnant employees also need a system to report discrimination or harassment. Offer a means for workplace complaints without any fear of retaliation.
The EEOC received 2,273 pregnancy discrimination complaints in 2022. Violations can leave your business facing lawsuits and costly penalties. Protect your pregnant employees to reduce the risk of legal complications.]]>On Behalf of Gould & Berg, LLPhttps://www.gouldberglaw.com/?p=479802023-07-06T22:08:04Z2023-07-06T22:08:04Zwide range of discriminatory, harassing and hostile actions in the workplace and provide protections for employees who report these instances.
As an employer, you must handle hostile work environment complaints properly to protect your employees and comply with the law.
Document everything
The most important thing an employer can do in the face of a hostile work environment claim is to document everything. Document the complaint itself, gather statements from any witnesses or other involved parties and create copies of everything to illustrate proper investigative efforts and response.
Appoint an independent investigator
Your first instinct might be to launch the investigation yourself. Avoid any implications of impropriety or preferential treatment by retaining an independent investigator to assess and evaluate the claim.
Support your employee
Talk with the affected employee right away to see how you can support them. This might include things like approving vacation days or PTO, reassigning them to a different area or adjusting their reporting structure.
Take action on substantiated claims
When an independent investigation shows a claim with merit, take action to discipline the responsible individual. Discipline will vary based on the infraction but can range from reassignment and sensitivity training to termination.
Show your employees that you support them by protecting them from hostility and harassment. Proactive response to complaints with an independent investigator ensures an unbiased assessment of the situation. Offering support to the employee and responding immediately to substantiated claims creates an environment of compassion and safety for your workforce.]]>On Behalf of Gould & Berg, LLPhttps://www.gouldberglaw.com/?p=479782023-05-16T19:05:28Z2023-05-16T19:05:28Z1. Firing
While it is not against the law for your employer to fire you without reason, it is illegal for them to fire you for engaging in a protected activity, such as reporting unsafe workplace activity or discrimination.
2. Demotion or reassignment
Being forced to change jobs is not always the result of nefarious intentions. However, if your employer demoted or assigned you to a different team or department after you lodged a formal complaint, this may be a sign of retaliation.
3. Reduced hours
Timing is a key factor in determining workplace retaliation. If an hour cut caught you off-guard after taking action against your employer, the timing could suggest unlawful treatment from your employer.
4. Promotion denial
Promotion denial is another suspicious behavior. You may have a retaliation case if you were next in line for a well-deserved promotion, but your employer filled the position with someone less qualified.
5. Exclusion
Not all retaliation is blatant. Disgruntled employers may engage in subtle retaliation, leaving you out of company get-togethers, keeping you out of the loop or otherwise displaying aloof behavior toward you.
If you believe your employer retaliated against you after exercising your protected rights, you can file a claim against them to rectify the wrongdoing.]]>On Behalf of Gould & Berg, LLPhttps://www.gouldberglaw.com/?p=479762023-03-14T20:52:35Z2023-03-14T20:52:14ZWhat is quid pro quo harassment?
Quid pro quo ("this for that") harassment happens when you receive a job benefit or threats of negative work consequences in exchange for sexual favors. For example, a manager might suggest that you can get a raise if you go on a date with them.
What constitutes a hostile work environment?
A hostile work environment happens when you experience unwelcome and continuous behavior that creates an offensive or intimidating workplace atmosphere. This can include offensive comments or jokes, inappropriate physical contact or unwanted sexual advances. The behavior has to be severe or pervasive enough to establish a hostile work environment.
An example of a hostile work environment is if a coworker constantly makes unwanted sexual advances or comments towards you that interfere with your work and life.
When do I have a case?
To determine if you have a case under one of these types of harassment, you should first document the behavior. Using a non-work email, phone app or journal, make detailed notes about the date, time and incident. It is also crucial to report the behavior to a supervisor and human resources department, who have the responsibility of investigating the incident and taking appropriate action.
If the harassment continues without a resolution from your company or you face retaliation because you reported the behavior, you likely have a case and may need to take legal action.
Overall, both types of sexual harassment can have severe consequences for you and the organization.]]>On Behalf of Gould & Berg, LLPhttps://www.gouldberglaw.com/?p=479732023-01-10T22:31:04Z2023-01-13T22:30:00Z61,331 charges of discrimination. The below tips may help you enhance your hiring process.
1. Draft detailed job postings
Care and thought should go into creating a job description. Doing so allows you to objectively detail the requirements of the job and provide potential candidates specifics that will help them determine if they should even apply. Pay special attention to the words used. Additionally, consider adding a brief and succinct sentence regarding your anti-discrimination policy.
2. Keep interview questions neutral and consistent
Although every interview has its unique nuances, ensure you always ask the same questions. Focus those questions on the duties of the job. If you need to probe further due to an answer, ensure you stay neutral and avoid any topics that may bring about legal issues.
3. Train all interviewers
Whether you have an HR team or one person doing the hiring, establish a training protocol. Any person conducting an interview should have a clear understanding of company policies and anti-discrimination laws. Conducting practice interview sessions helps ensure the interviewer can stay on task, even if asked non-neutral questions by a candidate.
Interviews have a way of bringing unexpected surprises. Careful planning and training help ensure you maintain standard processes across the board.]]>On Behalf of Gould & Berg, LLPhttps://www.gouldberglaw.com/?p=479702022-11-21T21:34:02Z2022-11-21T21:33:31ZUnderstanding age discrimination
Both federal and New York state laws protect you from unfair treatment in the workplace. The Age Discrimination in Employment Act (ADEA), covering workers over 40, makes it illegal for your employer to base decisions regarding your employment on age. In addition, New York state extends protections against this form of discrimination to workers of all ages.
Even with these legal protections in place, age discrimination in the workplace is increasingly common, but recognizing it can help you advocate for your rights.
Recognizing age discrimination
Age discrimination can include a variety of situations, incidents, and interactions. In addition to hiring and firing, any employment decision or harassment based solely on how old you are instead of how qualified you are may constitute discrimination, including:
Promotions given to less-qualified younger colleagues
Better opportunities offered to younger staff members
Unfortunately, not all mistreatment is illegal, but knowing what protections you have can help you defend your rights.
Age discrimination in the workplace can impact your earning potential, career path, and emotional and mental well-being. Understand what constitutes illegal age discrimination to protect yourself from unfair treatment at work.]]>On Behalf of Gould & Berg, LLPhttps://www.gouldberglaw.com/?p=479682022-09-17T19:39:42Z2022-09-17T19:39:42ZThere are threats
Threats of physical violence, even if physical assaults never occur, qualify as a hostile work environment. An employee does not even have to be the direct recipient of the threats to be a victim of this environment, as simply overhearing a threat can be detrimental to someone's ability to perform their job.
Offensive jokes and comments occur
Everyone has a different level of what they consider to be acceptable humor. However, persistent comments that target someone's race, religion, gender or other protected status make a workplace hostile for everyone involved.
Employees witness intimidation
Intimidation often occurs when someone knows better than to make an outright threat, but they still want to make another person feel ill at ease. Persistent intimidation causes a hostile work environment because it causes people to feel as though they cannot speak up in meetings, show their best work or make friends with people in the office, among other things.
Knowing the signs of a hostile work environment helps employees be aware of what is and what is not acceptable behavior in New York workplaces.]]>