WRONGFUL TERMINATION: DOES IT EXIST AS A LEGAL CLAIM?
Employees often claim that they were “wrongfully terminated.” In the State of New York, and almost every other state, no such claim exists. As an “at will” employee your employer can hire and fire you for any reason or no reason at all without consequence. Indeed, regardless of how good your performance is, being terminated […]
HAVE YOU EXPERIENCED ACTIONABLE WORKPLACE HARRASSMENT?
The fact that a manager yells at, or is abusive towards, his/her employee(s) does not necessarily give rise to an actionable legal claim of workplace harassment or hostile work environment. Under the law, your manager is, unfortunately, allowed to be abusive either to some or all his subordinates so long as such behavior is […]
ARE YOU REALLY AN INDEPENDENT CONTRACTOR?
It is to the employer’s benefit, and usually to an employee’s detriment, to characterize an employee’s employment relationship as that of an independent contractor or consultant. Among other things, such a characterization saves the employer payroll taxes, its share of social security contributions, and the cost of providing employees with benefits. In addition, various laws […]
DOES YOUR EMPLOYEE HANDBOOK PROTECT YOU FROM RETALIATION?
The simple answer is rarely. Unfortunately, where an employer includes language in its employee handbook that the handbook is not intended to be a contract, that its employees are employed “at will,” and/or that the terms can be enforced at the employer’s discretion, the promise in the handbook that employees will be free from retaliation […]