Many employees are successful in making their employer aware of their issues, whether it comes in the form of an HR complaint or lawsuit. Their boss might start making some changes to promote a safe and work-friendly environment as soon as they get word. However, these positive changes may not last long. Some employers might play the long game and wait to get back at their workers after time has passed. New York workers should be aware why many companies do this and what their options are to respond.
Waiting for the right moment
If a company retaliates against a worker immediately after they file a complaint, then they further risk legal action. Firing an employee just after they speak out against the workplace makes it apparent that there is hostility and that the worker was correct in their suspicions.
If they wait for months after the complaint was made, the employee might be caught more off-guard. It may look less like retaliation if the company did apply changes that satisfied the worker’s initial request before taking action against them.
Recently, the organizers of the Google walkout in November claimed they were facing retaliation months after the event. They complained of a hostile work environment that tried demoting them and forcing them to go on medical leave despite not being sick. They later organized a town hall meeting to discuss with other workers facing similar treatment after the walkout.
Fighting back
Large companies like Google may hold off on punishing workers for the sake of their public image. They may wait months after the incident to retaliate not only because the worker is in a more vulnerable position, but also when there is less media observing their every move.
Even if your workplace in New York does change for the better after you speak up about harassment or discrimination, don’t believe that peace will last indefinitely. Your employer might just be waiting for the right moment to get back at you. In the event this does happen, know that you can still contact employment law attorneys to help you against your unlawful employer.
]]>Whether you are starting a new business or notice a competing company within your area, you may want to consider creating a non-compete agreement for your current workers and future applicants. This can affect your business in more ways than one, so you need to know what effects this could potentially have on your workers.
Who is your competition?
In several instances, employees that go on to work for competing companies may not see them as competition even if there are similarities. If your business specializes in a certain area, then they might not have many options after they leave. For example, a real estate agent may find it hard to search for a job that doesn’t involve selling houses because they got so good at it for years. It might be beneficial for you to list different companies that you consider competition so that the worker can make sure not to apply for them when it comes time for them to leave.
Where is your competition?
This is arguably one of the more controversial parts when it comes to these agreements within New York City. Many non-competes include the length a competing company has to be within to be considered a threat. What seems small in other states makes a significant different in New York City, as you could end up wiping out a large portion of a worker’s employment opportunities with 20 or 30 miles alone. The state encourages workers to look closely at non-competes before agreeing to work, so you could be losing a potentially excellent candidate with your restrictions.
How long should the period last?
New York expects employers to have non-compete clauses last for a reasonable amount of time. It can range from a couple of months to a few years. This does depend mostly on what your worker would pick up on while they worked for you. If the information is highly confidential and would damage your company if it went to the competition, then it should be long enough for them to forget about it. If there really isn’t a lot of company secrets they learn in the process, then it probably shouldn’t be as strict.
Before you create a non-compete clause, you should consider discussing the matter with an employment law attorney to get a better sense of what you want to accomplish with this. Knowing what legal assistance is available is also important if one of your former workers ends up betraying the agreement.
]]>However, not all contracts involve just paper and pen. According to the New York City Bar, one of the most common defenses for contract breach cases is that what the employer did wasn’t in a written document. Many employers attempt to lay out most of their contracts orally, which may give them more freedom over what to do with the workers. If this happens to be the case with your job, then you should know the following facts to see if the case against your employer is worth pursuing.
How long does the job last?
A popular argument for determining if the contract breach lawsuit is valid involves the length of the worker’s employment. According to Section 5-701 of New York’s Statute of Frauds, the contract must be in writing if “by its terms is not to be performed within one year.”
This means that an employer cannot enforce a verbal employment contract if the position lasts more than a year. The employer must write out the agreement and include certain details such as if the position has a life insurance policy or not and if the employer will pay compensation for services. If the employer states that the position will last less than a year, then they can enforce a verbal contract.
Many workers get confused on whether a contract without a definitive ending point would qualify. They believe that if they get fired more than a couple of years into their position, then the verbal agreement would not hold weight. However, these “at will” contracts allow the employer to fire the worker at any time. Even if the position lasts for more than a couple years, the employer could have fired the worker less than a year into their job.
Approaching future contracts
Section 5-701 has changed multiple times within the last couple of decades, so both employers and future employees should refresh themselves with the current version of the law before an agreement.
As for now, both should be aware of how the length of the job influences the necessity for a written contract. Workers should remain cautious if they consider accepting a position that lacks certain written details about their jobs. Employers need to think about what effect having verbal contracts would have on the company and if it’s preferable to have everything written regardless of the position length.
If you are having issues when it comes to verbal employment contracts, please contact an experienced New York employment law attorney to see if you are eligible for a potential lawsuit.
]]>Some states are quicker to act than others. With how many people are in New York and how diverse the population is, there have been no shortage of workplace horror stories and negative statistics when it comes to stuff like sexual harassment and gender discrimination. While the state has made several new bills and amendments in the past few years to alleviate this, they have not stopped trying to make the workplace safer in 2019 as evidenced by the following:
Passing GENDA
The Gender Expression Non-Discrimination Act (GENDA) is a law that the government has been debating back and forth about since its inception in 2003. Finally in January 2019, New York Governor Andrew Cuomo signed the bill to the delight of the Human Rights Campaign. This new law will amend the New York State Human Rights Law to prohibit discrimination against transgender and gender-nonconforming individuals. He also passed a bill banning the controversial conversion therapy.
Last month, we highlighted how a large percentage of New York transgender workers are struggling to get jobs and face constant discrimination at the workplace. Passing GENDA means that more of these workers will have the opportunity to file lawsuits against employers unfairly treating them solely based on their gender.
Investigating the problem
In late January 2019, Mayor Bill de Blasio announced that the state would create a new unit to investigate claims of sexual and gender-based harassment in the workplace. They are hoping to tackle high priority cases such as retaliation or discriminatory firing quickly to make more workplaces feel safer and workers not out on the streets looking for new jobs for so long. This ambitious project could spread further awareness on employment law issues while also minimizing worker mistreatment, but only time will tell how effective this strategy is.
These actions taken by the New York government shows the state’s determination in downsizing the amount of discrimination in the workplace. If they prove successful, other states could soon follow their example in an attempt to take care of this national problem. With how much effort they are putting into these anti-discrimination acts, unfair employers should not be able to get away with their mistreatment. Seek legal help if you or a loved one continue to face gender or sexual harassment at the workplace.
]]>Unfortunately, the line that separates work lives with personal lives blurs for many different New Yorkers. Many parents and close friends are unable to spend quality time with their loved ones because they keep constantly checking their texts and emails about updates at work. It has gotten so bad to the point where New York lawmakers are considering supporting a bill called the “Right to Disconnect.”
What the bill does
According to NBC New York, the bill would prohibit private employers with 10 or more employees from requiring their workers from checking their emails during non-work hours. Several countries in Europe have already passed variations on this law as there are studies showcasing negative effects workplace telepressure can have on a worker’s mental health. It makes people work when they shouldn’t be and inflicts more stress on themselves.
The bill still allows employers to call workers, which is especially crucial for on-call employees and emergency situations. Those that violate the law must pay the city a fine of $250 and an additional $500 fine to the worker.
The bill’s opposition
While the bill has gathered support from people who want to improve the working conditions of New Yorkers, some believe that it could be detrimental to the workplace or a waste of time. At a city council hearing, those against the bill stated that it may be difficult to regulate workplace communications industries for hundreds of employers and that it is up to many individual workers to maintain their work-life balance rather than the company’s.
They also stated that workers should cooperate with the employer in case they are unable to balance their work and personal lives. However, the article also featured employees that feared doing so would result in workplace retaliation and cost them their jobs.
A balancing act
Whether or not the bill is passed, it should serve as a wake-up call to many New York employers and workers on how many people are struggling to keep their work away from their off hours. Employers should try to remain open to hearing workplace concerns and put their best efforts into repairing the situation or explaining the conditions to confused workers peacefully. Employees should know that they have other options to solve workplace issues in case they face retaliation.
]]>Most of New York’s lawmakers believe that there needs to be some changes to how PTO works in most workplaces. They have passed laws in recent years to benefit certain groups and may plan new regulations to affect more companies around the area. Workers need to be aware of these current and potentially upcoming laws and how it will affect their jobs.
Paid family leave
A couple years ago, the state of New York made some changes by beginning the new Paid Family Leave benefit. This four-year plan meant to improve the benefits for employees that have a new child or have to take care of a relative with serious health problems. In 2019, all benefits involved with the plan have increased.
The maximum amount of paid family leave has been extended from 8 to 10 weeks and the percentage of the average weekly wage is now 55 percent instead of 50. The state has also increased the employment contribution wage by over $20 and expanded upon the definition of “serious health condition” by including preparation and recovery from organ donations. By 2021, the state plans to have a maximum of 12 weeks of family leave and 67 percent of average weekly wages given.
Potential future changes
Recently, Mayor Bill de Blasio unveiled his proposal to make New York City the first in the country to make PTO both public and private employers (barring private employers with less than five workers). The plan would require private workers to provide 10 days of PTO for the worker per year, which is unheard of as no other city in the nation requires private employers to do so.
The city council has not passed it yet, but it is already warranting mixed responses. Those who oppose it believe having mandatory PTO would hurt multiple businesses and make scheduling difficult, while supporters welcome the chance for workers to get some well-earned time off and could improve productivity and family lives.
Regardless if the bill ends up passing or not, these laws should serve as a reminder how quickly PTO laws can change in the state. Both employers and employees should check which laws have changed to see when the new year comes to see how their work lives and scheduling will change. Those still confused about the newer laws should seek assistance from an attorney with extensive employment law experience.
]]>However, while these laws made it easier for TGNC residents, it did not eliminate the discrimination against the community as a whole. The New York City Anti-Violence Project recently published a report that focused on the amount of discrimination TGNC employees were receiving in the workplace. Despite the laws in the city, many feel that there is still have a long way to go before these workers will feel safer in their work environment.
How much are struggling?
The title of the report is “Individual Struggles, Widespread Injustice.” It features survey responses from nearly 120 TGNC workers in New York City for a nearly 2-year period after the city’s Gender Identity/Gender Expressions Legal Enforcement Guidance published in 2016. The study reveals that 22 percent of these respondents are unemployed, 57 percent of them had to choose a gender that they did not feel was their true one and 31 percent were illegally asked about the gender they were assigned at birth during their interviews.
The unfair treatment is still present for those that did make it past the interview process. 36 percent found offensive graphic art about them made by coworkers and 33 percent have been verbally harassed. Even those that get jobs do not get high paying ones. Despite the high rates of TGNC individuals receiving a bachelor’s degree in the city, over half of the respondents have incomes lower than $30,000 per year. This is especially concerning given how New York City’s cost of living is significantly higher than the national average.
What can be done?
The report also demonstrates that many of these workers either fear or have faced work retaliation for speaking up against discriminatory behavior. Out of the 35 percent who were not out to at least one of their coworkers, 56 percent of them refused to do so out of fear of losing their position or a promotion opportunity. They believe revealing their gender identity to their employer or coworkers would jeopardize their careers and further isolate them from their coworkers.
TGNC workers should be aware that workplace retaliation and discrimination against them is illegal in New York City. Employers should be hiring workers based on their work experience and qualifications and not resort to bias against certain genders. They should also ensure that these workers get access to the right bathrooms, have coworkers call them the correct pronouns and receive fair treatment. If you or a loved one experience discrimination or harassment in your workplace for your gender identity, you should consider acquiring legal assistance if informing your employer about it doesn’t seem to work out.
]]>In the last few years, there have been a wide assortment of legal incidents within state workplaces. However, many accused workers still continue their jobs after the supposed victim’s compensation. A recent article by NBC New York highlights how many have kept their positions after controversial lawsuits, how much has been paid by the taxpayers to compensate and why so many continue to operate.
Silenced settlement
According to NBC New York, the state has paid more than $5 million to settle lawsuits against 70 state employees that faced accusations of sexual harassment and discrimination. The state payroll records revealed that nearly half of these workers have kept their jobs. The article highlights two incidents where the victim filed a lawsuit after the accused sexually harassed or assaulted them. These victims were given thousands of dollars by the state and both cases ended with no one admitting to any wrongdoing and the accused continuing on with their job.
The results warranted mixed responses from the state workers. Some state that few of these accusations are true after investigation, so getting rid of the case quicker with taxpayer money is necessary. Others believe that while the supposed victim should receive proper compensation, there should be more effort towards solving the potential problem with the accused rather than acting like nothing ever happened.
Will it change?
In the last year, New York has passed several laws to prevent sexual harassment in the workplace. This includes further training on the subject for employers and making it easier for the state to seek out reimbursement for liable workers. This could have a dramatic effect on how many state workers face discrimination or harassment lawsuits and the respective fallouts of those cases.
Whether you are an employee falsely accused or a victim of a guilty individual, you need to spend time understanding how these new laws could affect your case. Getting legal assistance is recommended as an employment law trial can have drastic effects on your immediate and far future of your career.
]]>Unfortunately, businesses that are highly competitive can bring out the worst in their workers. Recently, eight men filed a discrimination lawsuit against the luxury department store Saks Fifth Avenue, who’s flagship store is in New York City.
The tough glass ceiling
Out of the eight men that worked in the Manhattan store, six of them faced racial discrimination. Four of the men are black and cite that the store placed them in unpopular locations on the floor, putting them at a disadvantage for achieving their monthly sales goals. They reportedly faced poor treatment from their managers accusing them of “speaking ghetto” and refusing them to let them advance despite their high sales numbers. The other two are Hispanic and have received similar mistreatment, as one of them faced false sexual misconduct accusations from one of the managers.
The only two white men of the group are filing for age discrimination. They claim that the supervisors spent more time helping the younger employees and unfairly terminated their jobs despite their sufficient sales numbers.
A string of lawsuits
What puts Saks and Fifth Avenue at a disadvantage is that this is far from the first discrimination lawsuit they faced within the last couple of years. Two years ago, five female workers sued the store’s restaurant after the restaurant reportedly fired them to bring in younger, male servers. They also came under fire for the treatment of a transgender employee in Texas. The controversy received national media attention, and their response to the incident resulted in the Human Rights Campaign suspending their Corporate Equality Index score.
One lawsuit should be a good enough sign that the company should reevaluate their employee treatment policies to ensure that worker mistreatment will never happen again. The diverse amount of cases against them could result in Saks and Fifth Avenue losing a significant number of customers or workers that are black, Hispanic, older, female and transgender. The high rate of discrimination complaints could discourage even more people not to work for or buy from the company.
If the employer continues to discriminate despite past history, it leaves them open for further lawsuits for not providing a safe work environment. If you or a loved one have faced discrimination from an employer, an employment law attorney can provide legal assistance to help your case against the company’s unfair work practices.
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