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New York City Employment Law Blog

Employment discrimination may give grounds for legal action

Discriminatory acts in any type of situation are typically deplorable. Some individuals may choose to treat other parties differently and unfairly simply due to race, gender, disability or other factors without cause. In particular, employment discrimination can have damaging effects, and New York residents who have found themselves in such a situation may wonder what to do about it.

One woman in another state chose to take legal steps after facing discrimination at her place of employment. Reports stated that the woman works for a community development department as a structural engineer. She stated that while attempting to carry out her work-related duties, she was forced to meet a higher set of standards during her work presentations. She also described those standards as being arbitrary.

Denying leave to new parents may violate FMLA rights in New York

Having a child is often a joyous time in a person's life. Because expanding a family is a considerable life change, many people need time away from work in order to care for their new children. Under the Family and Medical Leave Act, workers should have the ability to take a certain amount of time off for such an event. However, some employers may violate workers' FMLA rights by denying leave.

New York residents may be interested in such a situation that took place in another state. Reports stated that a former sales manager recently filed a claim against his former employer due to his belief that his FMLA rights were violated. Apparently, the man requested time off from work after his two children were born. However, his request was denied, and after filing a second request, he was dismissed from his position.

Home care workers fight for fair wages

If you are a home care provider in New York, you play a vital role in the health care industry. Because of the work you do, patients can remain in their homes and still receive professional, compassionate care.

However, the work is difficult, often thankless and certainly not lucrative. In fact, some days you may wonder if it is worth the time and effort you put into it, especially if your shifts are 24 hours long. Recently, others who work as home health care providers have been fighting for changes in hourly pay. There is some question about whether these changes will be good or bad for the industry.

When an employment discrimination claim leads to retaliation

The actions of your employer, supervisors and fellow employees may have seemed subtle at first, but after a while, you began to suspect that something else was happening. It all started after you made a claim regarding employment discrimination. After all, it is your right under federal and New York laws to make such a complaint if you believe you are a victim of it.

However, as the claim moved through its paces, the atmosphere around work began to change. Perhaps your annual evaluation came up after you made your complaint. You had always received good or high marks, but this time, your evaluation claims that your performance is poor despite the fact that the way you do your job has not changed since your last evaluation.

Sexual harassment continues to run rampant in the workplace

When New Yorkers are working, they undoubtedly hope that they are in a safe environment. Their safety concerns may range from ensuring that there are no hazardous conditions to remaining safe from unwanted advances from other individuals. Unfortunately, sexual harassment continues to run rampant in many industries, and as a result, numerous individuals may wonder what they could do when confronted with such an issue.

First of all, parties may want to understand what constitutes sexual harassment under the law. Though verbal or physical actions could potentially fall into this category, those actions would need to be "severe or pervasive" in order for them to be deemed harassment. This means that if a person constantly makes inappropriate comments or physical actions or blatantly carries out offensive actions, the victim may have cause to report harassment.

Wage violations negatively impact those who work hard

Most people have a need to work in order to earn a living and support themselves and their families. Though their occupations may not be their dream jobs, they likely understand that having any sort of income could help their personal situations. However, when individuals are cheated out of their rightful pay due to wage violations, they may wonder if their jobs are worth the effort.

New York readers may be interested in such a situation currently underway in another state. Reports indicated that workers at a luxury resort were subjected to numerous employment violations that negatively impacted their wages. As a result, a class action lawsuit has been filed against the resort on behalf of an undisclosed number of workers.

Employment discrimination can cause distress in New York

When treated unfairly, many New York residents may wonder how to handle such a situation. Depending on the specific conditions under which the treatment occurred, some parties may choose to shrug it off and move on. However, when the mistreatment comes in the form of employment discrimination, tackling the problem head-on may be worthwhile.

One man in another state recently decided to take such action after being discriminated against in the workplace. Reports stated that he works at a mental hospital and is originally from Jamaica. During the course of his employment, the man and other black employees were given tasks that posed higher risks for physical violence than white co-workers. Additionally, at least one white colleague made a statement about hating black people.

Employment discrimination often gives cause for legal action

Filing a lawsuit may seem like a drastic step to some individuals. However, legal action often has the potential to rectify unlawful situations that would otherwise continue unchanged. For instance, if New York workers are the victims of employment discrimination, legal claims could potentially ensure that the victims have the opportunity to seek justice.

The Equal Employment Opportunity Commission has recently filed a lawsuit in another state due to such circumstances. Reports indicated that one man was fired from his job after filing complaints about the actions of his supervisors. The lawsuit apparently covers this man and other workers who were negatively affected. The report stated that the suit was filed due to the supervisors making racial slurs in regard to the man and other workers, who are African-American.

Is your work stress a sign of a serious legal problem?

Whether you are one of the few, lucky New York residents who absolutely loves what you do for a living, or merely tolerate it because you hoped your job would be stepping stone toward a larger dream, in either case, going to work should not negatively affect your health and well-being. You may not get along with every one of your co-workers and may even lock horns with your boss from time to time, but overall, your work environment should not place you at risk for harm.

There's a fine line between harmless workplace banter or policy disagreements and signs that discrimination may be taking place. If you believe someone has violated your rights or you have suffered unfair treatment or wrongful termination, you can take steps to address the matter in court. First things first, however; it's crucial to be able to recognize signs of workplace discrimination.

Federal False Claims Act allows whistleblowers to take action

When a person suspects that wrongdoing may be occurring at his or her place of employment, it can take a considerable amount of courage to speak up. In many cases, employees may fear retaliation from their employers if they file a report about their concerns. Unfortunately, this type of action could occur, but the Federal False Claims Act offers protections for whistleblowers.

New York residents may be interested in such a case that recently came to an agreement in another state. Reports indicated that a former hospital employee filed a claim, stating that the facility submitted false Medicare claims. The employee took part in the lawsuit under the False Claims Act that allowed her to act on behalf of the government. Additionally, the act will also allow her to obtain a portion of the recovery.

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