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New York Employment Law Blog

What you need to know about surety bonds

New York City is always changing and growing. Some buildings are torn down, some are remodeled and some are built new from the ground up. As an NYC construction professional, you understand the demand is there, but that does not mean the process is easy. You must deal with clients, employees, city regulations and possibly subcontractors. Depending on what type of project you are working on, you may be required to sign surety bonds. Here is what you need to know about surety bonds before you get started.

Your protection against whistleblower retaliation

When companies are publicly traded, it proves essential for organizations to be upfront and honest with business practices and their financial health. When employees discover inconsistencies in organizations, brave workers come forward with crucial information.

These employees risk reputation and their careers to “blow the whistle” to alert citizens of illegal actions of their own organization. New York laws provide significant protection from retaliation in these circumstances to persuade individuals to come forward with information. Know that if you come forward with a claim of illegal action by your organization, federal law protects you from financial and professional burden.

Have a strong agreement, no matter the business structure

Are you prepared for every possible mishap your company could encounter? Chances are the answer is no. And that’s just fine, so long as you’ve prepared a plan for some of those potential hurdles.

No one can foresee and prevent every possible issue a business may face, but having an agreed-upon plan in place from the start can help you and your business partners tackle many of the common problems that lie ahead.

Proactive approaches to prevent workplace harassment

With the #metoo movement gaining momentum every day, what are you doing to keep your business and employees safe? Sexual harassment laws remain the same, but society has become more aware of this behavior and is unwilling to look the other way when it occurs. Harassment at work remains a problem, and employers need to be proactive in the ways in which it is handled.

What business owners should know about their nuisance number

There’s an old saying about being in business: if you’re in business long enough, you are going to get sued. Such an ominous prediction is not necessarily what an up and coming entrepreneur wants to hear, but it is often an unfortunate reality facing business owners.

Our system of justice embraces the adversarial process and it is (for some litigants) the last resort when it comes to solving a legal dispute. While litigation is a civil form of a dispute resolution, litigants complain that there are rarely any winners in a contested case that goes to trial. This is commonly because both sides spend an inordinate amount of money and may not get what they believe they deserve in the end.

Buying out a partner

A business partnership can be a lot like a marriage. You share the same dreams and make plans, spending a lot of time working hard to make them happen. Sometimes, when there is a disagreement there is no way to resolve it other than what feels like a divorce.

Buyouts happen all the time in the financial sector because partners see a need to go their separate ways. It can happen without a lot of emotions, but it’s important to be ready for the worst even as you hope for the best. As with everything in finance, attention to details makes all the difference.

Non-disclosures & other covenants – enforceable?

It’s more and more common for a company to have some kind of intellectual property it needs to protect. This can be technology or other trade secrets, but it can also be data on sales prospects or clients. It could even be what makes up a special sauce. Every company has its own information which gives it an edge.

For that reason, restrictive covenants or restrictions on what an employee can do after leaving are more important all the time. It’s also commonly believed that they are difficult to impossible to enforce. That’s not true at all if they are reasonable, with proper consideration of the circumstances and the law.

Supreme Court narrows Wall Street whistleblower protections

A recent Supreme Court ruling could have significant consequences for would-be whistleblowers on Wall Street. In a unanimous decision, the justices ruled that employees are not safe from retaliation from their employers if they do not first report corporate wrongdoings to the Securities and Exchange Commission (SEC).

The ruling comes as something of a blow to an existing federal law that aimed to fight fraud on Wall Street. That law, enacted by Congress in 2010, offered protections to whistleblowers who reported corporate malfeasance—a response to the devastating financial crisis that took place just a few years earlier.

Albany whistleblower receives $173,000 in court judgment

A demolition company based in Albany was recently ordered to pay out a six-figure judgment to a former worker. The company had let go of the employee after he had reported improper asbestos removal practices, which per the court, was a violation of his “whistleblower” rights.

The man noticed the hazardous asbestos removal while working at a jobsite at a high school. After reporting the safety risk to his company’s management, they fired him the very next day.

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