Mitchell Pollack & Associates PLLCFindLaw IM Template2024-03-18T09:44:38Zhttps://www.mpollack.com/feed/atom/WordPressOn Behalf of Mitchell Pollack & Associates PLLChttps://www.mpollack.com/?p=501922024-03-18T09:44:38Z2024-03-18T09:44:38ZThis law requires qualified employers to include adequate pay-related information in job promotions, including pay amounts indicated in ranges. These practices are necessary for companies that meet the following conditions:
The employer has at least four employees.
Part of or the entire job will happen within the state.
The job is for an employee out of state who will report to a superior in New York.
The company's job posting is for external and internal promotion, including diverse media from publication advertisements to online posts.
This law may also have some limitations, depending on the situation. If the open job position will only go to New York for meetings, conferences or other work-related events, this policy may not cover it. This amount of activity within the state may not be enough for this law to take effect.
Complying with state law appropriately
Aside from eligibility conditions, the state's pay transparency law may have other restrictions regarding how employers can promote their job openings. In addition to advertisements run by the company directly, posts made by third parties for the same positions may also become covered by this policy.
To ensure compliance, employers should pay close attention to how they communicate open job positions within the organization and to the public. Before making any posts, it can also be helpful to seek legal counsel first. By doing so, employers can comply appropriately and avoid practices that may have legal consequences.]]>On Behalf of Mitchell Pollack & Associates PLLChttps://www.mpollack.com/?p=501912024-03-11T09:46:16Z2024-03-11T09:46:16Zprotection against retaliation.
Intervening directly
If it feels safe to do so, a bystander can directly intervene in a sexual harassment incident and confront the harasser. This could be as simple as saying, "That comment is inappropriate," or "That behavior is not okay." However, it is understandable that this approach is easier said than done, especially when the harasser is a manager or someone holding a higher position.
Seeking authoritative support
If a bystander does not feel comfortable intervening directly, they can seek help from someone who has the authority or capability to address the situation, such as a supervisor, human resources (HR) representative or local employee rights agencies. This way, even if a victim cannot seek help themselves, a witness can do it for them.
Offering support and resources
Offering support to a sexual harassment victim is an act that holds so much weight. This support could involve listening to them, validating their feelings and offering to accompany them to report the incident if they choose to do so. If a victim has no idea how to proceed with the incident, a bystander could also help by introducing available resources and remedies.
Combating sexual harassment with trusted allies
If you are a witness of workplace sexual harassment and are supporting a victim who needs specific advice or guidance on handling a situation, it is advisable to reach out to relevant authorities and consult with a legal professional who specializes in this area to protect both of your rights.]]>On Behalf of Mitchell Pollack & Associates PLLChttps://www.mpollack.com/?p=501892024-02-28T15:52:58Z2024-02-28T15:52:58ZWhat is it?
Reverse ageism is a type of discrimination against an individual for being relatively younger than other employees. It involves assumptions, stereotypes or actions that undervalue or limit individuals based on their perceived youthfulness rather than their skills, abilities and experiences.
What are its signs?
This form of discrimination can manifest in various ways, from being passed over for promotions to not being taken seriously in decision-making processes or being subjected to condescending attitudes from older colleagues.
What are its effects?
Reverse ageism can hamper career growth, lead to decreased job satisfaction and create a division among employees of different ages. Hence, it is essential for employers to recognize the value that younger workers bring to the table, such as fresh perspectives, adaptability to new technologies and innovative problem-solving skills.
Age should not matter
All employees start as a young worker, looking to gain more experience and contribute insights in the workplace. Hence, no worker should experience discrimination for being younger.
If you believe you are experiencing age discrimination in your workplace, having an experienced employment law attorney review the facts of your case can help you explore your options and protect your employee rights.]]>On Behalf of Mitchell Pollack & Associates PLLChttps://www.mpollack.com/?p=501882024-02-27T15:49:09Z2024-02-26T15:48:13ZWhat makes a reason for termination illegal?
For a reason for termination to be considered legal, it must be non-discriminatory or otherwise illegal. Unlawful reasons for termination may include:
Terminating someone based on their membership in a protected class (e.g., race, gender, or religion).
Terminating someone in violation of their employment contract signed at the time of the employee’s hiring.
Terminating someone to retaliate against them for reporting illegal workplace practices, filing a harassment complaint, or otherwise engaging in a protected activity.
Establish and defending against wrongful termination
The burden of proof is on the plaintiff, which is typically the employee, to establish that they were wrongfully terminated based on a preponderance of the evidence. Employers must defend against wrongful termination charges by proving that they were legitimate, nondiscriminatory reasons for the employee’s termination.
Correspondence between the employee and the employer employee handbook and employee contracts are commonly used as evidence in wrongful termination cases. Witness testimony from other employees may also be useful.]]>On Behalf of Mitchell Pollack & Associates PLLChttps://www.mpollack.com/?p=501872024-02-19T11:07:42Z2024-02-19T11:07:42ZCompliance with laws on disciplining employees
As an employer, you must comply with federal, state and local laws when disciplining your employees. This includes adhering to employment contracts, collective bargaining agreements and distinct laws such as the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA) and anti-discrimination laws.
Consistency among all employees
You must apply your disciplinary rules consistently among all employees. Moreover, disciplinary actions should be fair and based on objective criteria. Personal biases or emotions should not influence your disciplinary decisions. Singling out an individual or group for different treatment can lead to discrimination claims.
Fair investigation process
During misconduct investigations, you must provide your employees with sufficient explanation of what they did wrong and an opportunity to tell their side of the story before issuing any disciplinary action.
Discreet disciplinary actions
You must discreetly deal with employee misconduct to protect the privacy of the employee involved. Public reprimands can lead to embarrassment and potential legal issues.
Proportionate reprimand or corrective action
The disciplinary action should be proportionate to the nature of the infraction. Minor mistakes typically warrant less severe discipline than major misconduct. Hence, you must investigate employee misconduct carefully to ensure you will apply the appropriate disciplinary action.
Controlling what you can as an employer
As an employer, it is crucial for you to be aware of and observe the laws governing employee discipline to avoid any potential repercussions. If you must, you can seek advice from a knowledgeable employment law attorney to implement fair, consistent and legally compliant disciplinary policies and practices.]]>On Behalf of Mitchell Pollack & Associates PLLChttps://www.mpollack.com/?p=501862024-02-02T14:43:57Z2024-02-02T14:43:57ZFortunately, these issues can be foreseeable, allowing the organization to prepare before the disputes happen. One of the most effective ways to do so is by addressing these issues in the shareholders’ agreement, such as the following:
Voting regulations among all shareholders - Having fair guidelines for voting can help minor and major shareholders exercise their rights proportionate to their stake in the business. These specifications can include provisions addressing ties and other share-related concerns.
Share transfers - Reasonable limitations on transferring shares can help shareholders keep track of what they own and operate accordingly.
Dispute resolution options - Some agreements may have clauses indicating what viable remedies, such as mediation and other options, can help resolve shareholder conflicts.
Aside from addressing these issues in the agreement, other measures, such as efficient recordkeeping, documentation, and communication, can help prevent disputes. By maintaining best practices, shareholders can stay aware of any changes in the company.
Preparing for the worst
Severe disputes and conflicts among shareholders can jeopardize a business’s stability and security, making it crucial to consider and adequately prepare for the worst scenarios. Legal counsel can also help, allowing organizations to update the shareholders’ agreement if necessary, including provisions to address issues that can pose risks over time. Taking these measures might seem tedious, but they can be vital, depending on the situation and the nature of the business.]]>On Behalf of Mitchell Pollack & Associates PLLChttps://www.mpollack.com/?p=501852024-01-24T10:20:00Z2024-01-24T10:19:53ZState and federal employment laws have provisions protecting employees against discrimination, offering various remedies depending on the circumstances. When facing discrimination and even retaliation at work, employees can choose from the following options:
Approaching the employer to file an official complaint
Consulting the Equal Employment Opportunity Commission (EEOC) or other relevant agencies on how to file a charge
Proceeding by bringing about a lawsuit regarding the incident
Addressing the complaint to the Office of the New York State Attorney General
Each option can come with varying deadlines and requirements, which can be helpful based on the case details. Most minor incidents involving discrimination may only require internal investigations and corrective actions issued by the employer. But sometimes, looking into these cases can reveal information that may lead to more severe issues, requiring intervention from the relevant authorities if needed.
Determining the most appropriate option
Determining how to report a discrimination incident can be challenging, especially if there are legalities that may cause complications. If you find yourself in a similar situation, consulting an attorney before taking any legal action could be helpful. Doing so can help you vet through options and make the most appropriate choice, considering the case's unique circumstances. Legal guidance can also help resolve issues that may arise during the process and adequately meet deadlines.]]>On Behalf of Mitchell Pollack & Associates PLLChttps://www.mpollack.com/?p=501832024-01-15T09:15:15Z2024-01-15T09:15:15ZCreditor rights and reliefs
Some of the key collection rights and remedies available to creditors include the following:
Extending demand letters and calls: As long as you follow the rules and regulations set by the Fair Debt Collection Practices Act (FDCPA), you can contact debtors through phone calls, letters and other communication methods to request payment of their outstanding balance.
Filing lawsuits: If a debtor fails to pay their obligation, despite the adequate payment reminder and requests, you can file a lawsuit in either small claims court or in a higher court, depending on the amount of the debt. If you win the lawsuit, the court will issue a judgment against your debtor.
Enforcing judgments: In connection to the previous remedy, once you obtain a judgment from the court, you can enforce it through various methods, including wage garnishment, bank account levies and property liens.
Repossessing and foreclosing properties: In case your debtor secured their debt with a collateral, such as a vehicle or property, you can repossess their asset if they fail to make payments.
Submitting claims to bankruptcy court: If your debtor files for bankruptcy, you can submit your claim as a creditor with the court instead of pursuing your usual collection activities.
As a creditor, it is important to understand that these rights and reliefs come with specific procedures and are subject to limitations, such as limits on collection activities. Moreover, debtors have rights as well, which you, as a creditor, should be adequately familiar of.
To ensure you are protecting your creditor rights while staying within the bounds of the law, you can seek guidance from a legal professional to assess your situation and guide you toward a suitable remedy.]]>On Behalf of Mitchell Pollack & Associates PLLChttps://www.mpollack.com/?p=501822024-01-02T15:37:53Z2024-01-02T15:37:53ZFinding sufficient connection to the workplace
Whether an online act can be investigated as workplace harassment depends on whether it has a sufficient connection to the workplace. Some indicators include the mention of a coworker’s name in an obviously targeting post and how many colleagues has access to see the humiliating or insulting post. Some harassing online acts could be as direct as a threatening message of a coworker towards the victim.
The impact on the victim
In harassment cases, it is crucial to prove how the offensive and humiliating conduct of the aggravator has affected the victim’s work environment and performance. If it shows that the online behavior in question creates a hostile and unsafe working environment for the victim, then it qualifies as workplace harassment and can be reported and investigated as such.
The role of employers and the rights of employees
Employers have the responsibility to maintain a safe working environment for their employees. This includes applying measures to prevent harassment and conducting thorough and fair investigations for reports of it.
Employees have the right to report harassing conduct to their human resources department. If this course of action fails, they can explore options to file legal action with their state employment or human rights department or the Equal Employment Opportunity Commission.]]>On Behalf of Mitchell Pollack & Associates PLLChttps://www.mpollack.com/?p=501802023-12-28T13:03:33Z2023-12-28T13:03:33Zwhat to do if an employee comes to you with a harassment complaint.
Do not ignore the complaint
One of the worst actions you can take is no action. Complaints of harassment or bullying by employees should be taken seriously. Even if you are unsure of what your exact next steps will be, taking quick action will show the employee that their situation matters.
Knowing what to do can be difficult if your business does not already have a workplace harassment policy in place. If you do not, perhaps now is the time to consider having one drafted.
If you do have a policy in place, your next steps should follow the procedure outlined in your policy.
Regardless of the status of a harassment policy, here are some tips that apply to any situation.
Listen and be respectful
Give the employee as much time as they need to tell their story. No matter the outcome of the situation, knowing that they were listened to can make a major difference in how an employee feels about the experience.
Do not interrupt the employee while they are talking, except to ask clarifying questions quickly and politely. Part of your job as an employer is to get all the facts of the situation and have a thorough understanding of them before taking any action.
Tell the employee that you appreciate them bringing this to you. A simple “thank you” to the employee can go a long way toward showing them that you are taking their complaint seriously.
Assure the employee their complaint will remain confidential
Next it is time to begin your investigation. A confidentiality clause is an essential part of any workplace harassment policy. Reassure the employee that everything they told you will be kept confidential. This will help them feel secure that there will be no retaliation for coming forward.
Set up times to speak with everyone involved in the situation. Tell upper management about the complaint so that everyone is on the same page and there is less chance of miscommunication or gossip.
As part of your investigation, speak with everyone involved and take detailed notes. Document every conversation and action.
Stay professional and treat everyone fairly
When speaking with employees, treat everyone with respect and professionalism. Continue to do so even if it is difficult, such as when an employee becomes angry or upset over what is happening. The alleged bully or harasser may take out their feelings on you or feel as if they are being unfairly targeted.
Although a prompt response to the allegations is necessary, do not rush through the investigation. Remember that your job as an employer is to get to the truth of what is happening and that can take time.
After the investigation is complete and the situation handled, consider what you can do in the future to prevent this from happening again. Training on workplace harassment for all employees might be a good idea.
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