What Rights Do I Have if This Causes Me a Problem at Work?
Employees of Private Businesses:
What about the First Amendment? Can’t I say whatever I want?
Do I have Any Legal Protection at Work at All?
What Political Activity is Protected?
Example: A records clerk for the Nassau County legislature was fired from his job less than four months after an election in which Republicans took control of the Legislature, and claimed that he had gone door to door for Democratic candidates, volunteered at phone banks, and distributing campaign literature. The Legislature argued that it had let him go due to budget cuts, the fired clerk argued that the need for budget cuts arose only because the Legislature had hired three new employees—all Republican. His claim was valid Fishman v. County of Nassau, 2013 U.S. Dist. LEXIS 47071, 2013 WL 1339466 (E.D.N.Y. Apr. 1, 2013),
Remember – The General Rule is That There is No Free Speech Right When You Work for a Private (non-government) Employer on His Time. The law we’re talking about here provides some protection, but that protection is limited; it is by no means absolute.
Are Government Employees (Federal, State, City, County, etc.) Political Speech Rights Protected?
But here are a few things to keep in mind:
If you have strong political views which are very different from those of your employer, you should probably avoid any confrontation and get legal advice first as to how to best protect yourself. Call the Law Offices of William Cafaro at 212-583-7400 before you take any action like this.
Queens NY Workers Comp.
You’ve been hurt on the job and can’t work. You’ve heard about “workers’ compensation,” but you really don’t know what it is or how it works. You’ll be best served by hiring an experienced attorney to guide you through the process, but here’s an overview of the workers’ compensation system to help you better understand what you can expect.
Workers’ Compensation is Insurance
It’s helpful to think of workers’ compensation as insurance, because it really is. Under New York law, every employer (with very limited exceptions) is required to purchase workers’ compensation insurance, designed to cover the costs of benefits paid to any injured worker. Workers’ compensation insurance is intended to cover two types of losses:
There are also circumstances where an injured worker will be entitled to cash benefits at the end of a claim, based on the type of injury.
The workers’ compensation laws evolved as a compromise between employers and employees. Before the enactment of these laws, employers worried that injured employees might obtain exorbitant judgments from a sympathetic jury, and workers often had to wait months or years to see any benefit from a personal injury lawsuit. Known as the “grand bargain,” workers’ compensation insurance allows employers to manage and anticipate the costs of worker injuries, but also provides benefits to injured workers in a more timely manner.
Experienced NYC | Queens | Bronx | Brooklyn Workers’ Compensation Lawyers
At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.
To learn more about the full scope of our practice, see our practice area overview page.
Pyrros & Serres LLP
Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys
When someone dies with a will in New York State, that person’s estate must generally be “settled” through filings and proceedings overseen by the probate court. Referred to as probate, this process can often be done without the need for litigation. However, when there are issues about which executors and heirs disagree, probate litigation may be the only way to resolve the dispute.
An essential part of the litigation process is what is known as “discovery.” The discovery phase of a trial is that period where all parties seek to obtain (and are usually required to share) all evidence related to the matters in dispute. Discovery can be accomplished in a variety of ways, through depositions, through the production of relevant documents, and through answers to written questions, known as interrogatories. A couple recent opinions handed down by the Surrogates courts have specifically addressed and clarified the rights of discovery in probate contests.
Matter of Shure
In an opinion handed down in early December, 2016, the Manhattan Surrogates Court confirmed that a third party had to disclose information to allow potential estate beneficiaries to determine whether an executor had breached a fiduciary duty. In Matter of Shure, a co-executor asked the Surrogate Court to compel Chase Bank to provide certain information that involved the estate, information that included reference to internal bank procedures. The co-executor cited SCPA (Surrogate’s Court Procedure Act)2103, which allows discovery of documents and testimony to confirm or deny the existence of assets or property that might belong to an estate. The court recognized Chase Bank’s need to maintain confidentiality of its internal policies, so allowed the co-executor access to the information, but required that the parties enter into a confidentiality agreement.
Estate of Melendez
In this opinion, released in November, an executor sought discovery of documents related to the deceased’s purported spouse, who had attempted to exercise a spousal right of election to the estate (see our blog on the right of spousal election in New York). The executor had alleged that the right of election could not be exercised because of the existence of a prenuptial agreement signed by the alleged spouse. The court held that discovery of passport and border crossing records was reasonable.
Contact the Law Office of Bonnie Lawston
At the Law Office of Bonnie Lawston, we focus our estate administration practice on estates subject to probate in Nassau County and Suffolk County on Long Island. Contact our office online or call us at 631-425-7299 or 24/7 at 855-479-4700 to set up a free initial consultation.
Author: Stephen D. Hans
The Equal Employment Opportunity Commission (EEOC) has spent considerable researching and analyzing harassment claims related to federal anti-discrimination laws. Such laws protect individuals based on race, color, religion, sex, national origin, disability, age or genetic information harassment.
According to the Chair of the EEOC, Jenny R. Yang :
“Harassment remains a serious workplace problem that is the concern of all Americans. It is important for employers to understand the actions they can take today to prevent and address harassment in their workplaces.”
The Commission has opened up to the public for input on proposed enforcement guidance.
Harassment Claims on the Rise in the Workplace
Between 2012 and 2015, harassment claims from the private sector increased from slightly more than 25% to 30% to 31% percent of the federal charges filed for 2013, 2014 and 2015 respectively. Dealing effectively with harassment has been an EEOC priority since 2013.
Guidance Based on the Harassment Prevention Report
Employers can benefit from reading about the EEOC’s positions on harassment law. The report gives explanatory examples and recommends practices that companies can implement.
Information Contained in the Report
The report describes the scope of hostile work environment claims. It gives examples so you understand the extent to which harassment can occur outside of the regular place of work and how it can impact the workplace. It covers subjectively and objectively hostile work environments.
It can help you determine whether the harassment is severe or pervasive. A single severe incident of harassment can result in a hostile work environment. Pervasive, which means ongoing actions, can also result in a hostile work environment, and the report provides examples of pervasive harassment.
Numerous best practices actions exist that employers can take. One is conducting anonymous employee surveys on a regular basis to detect whether harassment is occurring. Repeated communication to employees about how the company provides easy access to a complaint system is another example. You can implement practices that protect both yourselves as employers and your employees.
You can download the EEOC Proposed EG on Unlawful Harassment for Public Input and provide your feedback to the EEOC.
Stephen Hans & Associates is an employment litigation firm. We have assisted small and medium sized businesses with employment law issues for more than 20 years.