White Plains Employment And Commercial Law Blog

Why might I be denied unemployment compensation?

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

New York workers who have lost a job will likely believe they can get unemployment compensation while they are out of work. This is generally true in many circumstances. However, there are certain requirements to get benefits and reasons why the claim could be denied. For workers who believe they have had their unemployment claim denied without legal justification, it is important to have assistance from an attorney who is experienced in employment law.

To get unemployment, the worker must have: lost the job and it not have been his or her fault; had sufficient earnings to make a claim; be prepared and willing to work immediately; and actively seek work and maintain a record of that while getting benefits. It is also important to understand when and why the claim might be denied.

Illegal workplace discrimination claimed in class action filing

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employees on Thursday, November 29, 2018.

Worker rights are prominent in the news in New York and across the nation. With the growing number of people who have different lifestyles and are seeking to be treated in an aboveboard manner without illegal workplace discrimination hindering their employment and chances for advancement, it would be expected that companies will express greater vigilance in preventing employment violations. However, it is still happening and much of it is based on issues such as pregnancy which seemed to have been settled long ago. Whether the person or persons who are mistreated are employed by a large or small company, they must remember they have rights and a legal filing is possible to receive compensation.

A class-action lawsuit has been filed against Avon. According to two former employees, the company discriminated against them because of their pregnancies and that they needed to take part in activities while on the job to account for their new motherhood. In the filing, Avon is accused of failing to live up to its self-created reputation as focusing on the interests of women and that this tactic is meant to induce women to buy their products even though they do not practice what they preach.

How to create your company’s social media policy

On behalf of Mitchell Pollack & Associates PLLC on Wednesday, November 28, 2018.

Social media is a double-edged sword: While it is an excellent tool to create consumer excitement and brand awareness, one wrong message or unbridled employee usage can cause business-damaging problems. How do you thread the needle?

The first step is to develop a comprehensive and effective social media policy for your company handbook. Experts suggest you eye one of two versions: One for companies that want employees to discuss their brand (think restaurant, bar, retail store) while the other is for a business that wants to curtail social media use for all employees except those in its marketing department.

New York State requirements for hourly pay and overtime

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employees on Thursday, November 22, 2018.

New York State employees who believe they are not getting what they are owed from their employers in terms of compensation have recourse to seek that their rights be adhered to through a legal filing. First, however, it is essential to understand what the law says specifically about what the minimum wage is and how much they are supposed to receive for overtime. People who are not receiving what they are supposed to under the law could have the basis to file a lawsuit.

The minimum wage in New York hinges on several factors including where the job is located and how many employees are working at the job. Currently, the minimum wage for large employers who have 11 or more employees is $13 per hour. At year's end, that will rise to $15 per hour. For small employers who have 10 employees or fewer, it is currently $12 per hour. It will rise to $13.50 per hour at year's end. In Long Island and Westchester, it is currently $11 per hour. By year's end, that will rise to $12. The rest of New York State has a current amount of $10.40 per hour and that will rise to $11.10 at year's end.

Former college employees say employee rights were violated

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employees on Thursday, November 15, 2018.

When employees in New York State have been mistreated by an employer in any way, they have the right to seek compensation in a legal filing. Understanding when to take that step can be confusing and it can be an intimidating process to move forward with employment claims. However, it is often the only strategy available to achieve justice. Fighting for employee rights is a worthwhile endeavor not just for the individual or individuals who were subjected to wrongdoing, but for others who might be confronted by these problems in the future.

The for-profit school Berkeley College is facing a lawsuit from three former employees at their White Plains campus. They assert they were subjected to a hostile work environment based on their gender. They also say they were wrongfully terminated. The case involving three former employees says that they worked as admissions counselors. They were dismissed in 2017. They received "right to sue" letters from the U.S. Equal Employment Opportunity Commission (EEOC) earlier this year.

Company countersues employee fired for employment law violations

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employers on Friday, November 9, 2018.

In New York and across the nation, greater focus has been placed on employment law and how employees can be protected from unfair, illegal and abusive treatment by their employers. In many instances, there is a perception that the employer is always wrong in how the employee is treated and should be sanctioned for it. Many employees are filing lawsuits in response to these situations. This is not just true for lower-level workers, but for those high on the corporate latter as well. Companies and businesses must remember that they have the right to protect themselves and even file suit if they have been wronged.

A chief executive officer for Barnes & Noble Inc. had filed a lawsuit against the company alleging the company breached his contract by terminating him after sexual harassment allegations were lodged against him. He requested more than $4 million and damages. However, the company has chosen to go beyond defending itself against the complaint and filed a countersuit.

An employment law firm can help employers with a legal defense

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employers on Friday, November 2, 2018.

Employment disputes have become a common topic in the media today in New York and across the nation. While many of these stories are focusing on the employee's perspective and mistreatment with sexual harassment, workplace discrimination, wrongful termination and other employment law violations, it is easily forgotten that employers also have rights. Simply because an employee is making a claim against an employer does not mean that it is true or that it reached the level of a violation severe enough to warrant legal action.

Employers must remember that they have the right to have a qualified law firm to provide a defense in these cases. When there is an employment violation alleged and the case is brought to court or to an administrative hearing panel, the defense is one of the key factors in a successful resolution. If there were any of the following issues, a law firm can help with defending against the claims: an assertion of workplace discrimination due to the employee's gender, race, national origin, sexual orientation or for any other reason; an assertion of age discrimination; the employee claiming he or she was sexually harassed; there were quid pro quo requests; if there was retaliation; bias was used to spark layoffs or termination; wage and hour disputes, and more.

Disabled firefighter sued for employment law violation

On behalf of Mitchell Pollack & Associates PLLC posted in Employment Law for Employers on Thursday, October 25, 2018.

When workers are injured on the job and declared disabled in New York, they certainly have the right to collect compensation while they are unable to work. However, it is important for employers in both the public and private sector to understand that they have the right to question whether a worker is injured to the degree that they are unable to do any kind of work at all. This is especially poignant when a worker is caught working when they are simultaneously collecting disability payments - something that is all-too common. Although workers are well within their rights to seek benefits when they are injured, employers can sue workers who are improperly taking disability payments.

A firefighter who received disability payments of at least $43,000 is facing a lawsuit after working for a New York company while he was supposed to be disabled. The city is requesting that the man repay what he received in disability. He had been a site safety manager for a construction firm and got around $53,000 for slightly more than a month's work. The man had set up an LLC to receive the payments. He is still employed by the city and had gone back to work with modified duties in the spring.

How to avoid age discrimination claims at your business

On behalf of Mitchell Pollack & Associates PLLC on Thursday, October 25, 2018.

Older workers are in businesses all across the country as many Baby Boomers are not only still in the workforce but are working past the time most people usually retire. The Bureau of Labor statistics has reported that by the year 2022, 25 percent of the workforce will be made up by workers who are 55 or older.

With a workforce dominated by so many older workers, it is natural that many of them are feeling their age is causing them to be discriminated against. One study backs up this sentiment, saying that with advancing age, the better chance someone will encounter discrimination at work.

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.

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