White Plains Employment And Commercial Law Blog

Woman claims wrongful termination after complaining about abuse

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employees on Friday, October 19, 2018.

Even in the current atmosphere with workers asserting their rights to be free of mistreatment and abuse on the job on New York and across the country, there are still daily reminders that people can face a variety of problems at work. In many cases, it will result in being sanctioned, denied promotions, wrongfully terminated and more. Employees should bear in mind that they have rights and when there was illegal behavior perpetrated against them, the law provides protection for retaliation and allows them to move forward with employment claims to be compensated.

A woman who was employed by WeWork alleges that she was the victim of sexual assault at two work events and was dismissed as retaliation after complaining. As a result, she has filed a lawsuit. According to her, she was the director of culture and a product manager at WeWork for almost four years. In the first incident, a male employee who was accused said he was too intoxicated to know what happened. In the second, a man grabbed her, pulled her toward him and attempted to kiss her. After complaining and it being addressed with multiple people higher up on the chain of command, nothing was done about the behavior.

How does employment law address age discrimination?

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employers on Thursday, October 11, 2018.

In New York State and across the country, treatment of employees has come to the forefront of the news. Much of that centers around sexual harassment. However, there are a seemingly endless number of ways in which an employer can be accused of committing workplace discrimination in some form. Just as harassing behaviors and the negative impact it has on the employer's reputation and ability to function is problematic, so too is it destructive to be accused of age discrimination. Understanding what constitutes age discrimination is key when there are allegations of it. Knowing what it entails is critical to a defense.

Employees and prospective employees cannot be treated differently by an employer because of their age. This is according to the Age Discrimination in Employment Act (ADEA) and it applies to people age 40 and above. If both workers are 40 and older, the employer does not need to worry about being accused of age discrimination for selecting the younger person. When employers commit any job action - hire a worker, fire a worker, determine wages, give assignments, accord promotions, give training, provide benefits - there can be no discrimination based on age or anything else.

Employers should be aware of sexual harassment and its aftermath

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employers on Friday, October 5, 2018.

The number of complaints about sexual harassment in the workplace has skyrocketed in recent months due to stories in the news and protest movements regarding its prevalence. In New York, New Jersey and throughout the Tri-State area, employers must be cognizant and quick to respond to these allegations as they can severely hamper a business's bottom line and its reputation. For those employers, a law firm that understands both sides of the equation can provide that defense.

A recent survey shows that there are still assertions by 57 percent of men and women who took part claim that sexual harassment is still problematic and the protests are not putting a stop to it. 63 percent said that how often it happens has not been impacted by greater attention to the issue. There was little disparity between the frequency with which men and women claim to have been sexually harassed and whether it has changed since these popular movements to draw attention to the issue grew larger.

Necessary elements of a legal employment contract

On behalf of Mitchell Pollack & Associates PLLC on Sunday, September 30, 2018.

For most employers and employees, avoiding an employment dispute is a mutual priority. Employment litigation can bring extreme costs and leave either party detrimentally affected. When companies hire new workers, they want to ensure that their employment contract proves legal and valid, while the new workers want to verify that the document holds only necessary elements.

Woman says employee rights were violated by music company

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employees on Friday, September 28, 2018.

Even in today's climate of employers being held accountable for alleged misogyny and misbehavior toward employees in New York and across the nation, there continue to be allegations of workers and work cultures that place people in a situation where they are either harassed or treated differently because of gender-related issues. That can include illegal workplace discrimination based on pay or it can be related to other factors. Fortunately, those who are confronted with these problems at work can seek help from a law firm that specializes in helping employees be compensated.

A woman who worked as a sales executive at Spotify has filed a lawsuit claiming that the company engaged in activities that were hostile to women. She says that there was sexism and men were better compensated and receive better assignments than women. There were also outings in which they went to strip clubs and to Atlantic City. According to her complaint, the head of U.S. sales organized networking trips to be paid for by the company - one to the Sundance Film Festival in consecutive years. They were specifically referred to as "boys' trips."

Understanding sexual harassment from the employer perspective

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employers on Friday, September 21, 2018.

In New York State and across the country, sexual harassment of employees is being treated with much more seriousness than it once was. It is a common topic of discussion and everyone who has been subjected to this type of treatment and violation of employment law has the right to be heard. However, employers are under siege, often for factors they were either unaware of or that did not meet the threshold to be considered sexual harassment. This can lead to lawsuits that will take time and money to defend as well as a negative perception in the public sphere.

For employers, instituting policies to protect workers is key. Before doing so, it is imperative to understand exactly what sexual harassment is from the employer's perspective so it can be dealt with and allegations of it can be defended against effectively. Sexual harassment falls into a variety of categories and is not simply related to an employer, supervisor or colleague making untoward remarks or committing inappropriate acts. It can be based on sexual orientation, gender identity, sex and more.

Former bookseller CEO says he was subject to wrongful termination

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employers on Friday, September 14, 2018.

In the current climate, businesses are paying greater attention to how their employees behave. This is true whether it is a small "mom and pop" store or a large, publicly held business. Should an employee be accused of violating employment law with poor behaviors such as sexual harassment, it is inevitable that the person's job will be in jeopardy contingent on the results of an investigation. If the allegations are shown to be accurate, there will be a dismissal. Many employees will protest this and proclaim wrongful termination. Employers must make sure they are firmly grounded in the law and understand how to formulate a defense against allegations of wrongdoing in dismissing an employee.

A lawsuit has been filed by the former CEO of Barnes & Noble Inc. The man who was dismissed claims that he was subject to false accusations of sexual harassment before his firing. He had been on the job for slightly more than a year. The case was filed in Manhattan and the man says the company breached its contract with him and defamed him. The dismissal was done in early July and he did not receive severance.

A lawyer can help an employee with protection for retaliation

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employees on Thursday, September 6, 2018.

Workers in the Tri-State area of New York, New Jersey and Connecticut must remember they have employee rights and can exercise them when there is any form of mistreatment taking place. While the current climate in the U.S. centers around sexual harassment, there are other ways in which a worker can be confronted with employer violations. One is if there is retaliation from the employer. Having legal assistance from a qualified law firm that understands the perspective of both employee and employer is essential when thinking about filing a case.

Retaliation can take place for any number of reasons. Perhaps the employer does not want the worker to stay in the job and would like the person to quit. There could be lingering issues from a contract negotiation, disagreements, or a simple matter of dislike. Workers should understand that they have protection for retaliation to shield them and can even seek compensation should the retaliation reach a critical mass where it is impacting the person's job and they can no longer accept it.

Political aspirant claims bank committed wrongful termination

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employees on Thursday, August 30, 2018.

In New York and across the nation, much attention is being paid to how workers are treated by their employers. This stems from the increasing profile of various violations of employee rights that employers are accused of committing. Despite the increase in workers who are asserting their rights and seeking compensation if they have faced such issues as wrongful termination and are seeking protection for retaliation, it still happens quite frequently and employees who have either lost their job or are facing treatment at work that is making it impossible to continue working are taking steps to file a case to be compensated.

For example, according to a recent report, a 22-year-old man who was elected as a county legislator in New York and is running for State Assembly is claiming that he lost his job because of his political persuasion. He has filed a lawsuit to that effect. The man says he was hired by a bank in February with the job of originating mortgages. However, he says he was fired three months later due to his attempt to win the seat in the State Assembly over another individual who is linked to the bank's parent company's board of trustees. According to the filing, one member of the board of trustees had him dismissed because of the member's support for the man's opponent.

5 ways to avoid whistleblower claims

On behalf of Mitchell Pollack & Associates PLLC on Saturday, August 25, 2018.

Many laws protect whistleblowers from retaliation by their employers. Whistleblowing can benefit society and expose unsafe work environments. On the other hand, employer retaliation could severely damage the employee and the company.

Providing trusted legal counsel for banks, businesses and individuals in the Tri-state area since 1989.