Frequently Asked Questions

Q: As and employer, am I required to pay a husband maternity leave pay? 

A: If your employee has vacation time, and he agrees, he can use his vacation or available sick leave time for maternity leave. Under the Family Medical Leave Act ( FMLA), you are not required to pay a husband or partner maternity leave pay. Read more

Q: My boss keeps flirting with  me; he asks me out to lunch and after work drinks.  I’m not interested but I don’t want to offend him.  Is this sexual harassment? 

A: It probably is. Politely decline.  If he persists, you can make a complaint to the HR person designated to hear sexual harassment claims.  If your firm doesn’t have one, you can complain to his superior.  Or, if you are able to, you can complain directly  to your boss, in a polite, respectful but firm and professional manner.  The law protects you against retaliation for your complaints.  Document  all your actions in this regard, including saving any emails or correspondences generated.  You might also consult an attorney.

Q: Does my employer have to pay me severance if I’m laid off?

A: An employer is not required by law to pay severance if you’ve been laid off. That being said,   many do in order to avoid a potential lawsuit, and the legal expenses associated with it.  It’s also good PR for an employer to pay severance.  When other employees hear about severance packages, it’s good for morale. If you’ve been laid off without a severance package, contact me and I can help determine if you’re a candidate for a severance package.

Q: Does my employer need a reason to fire me?

A: No, believe it or not, your employer does not need a reason to fire you. New York is an “employment-at-will state, which means that you can be fired for any reason, or no reason, as long as discrimination is not a motive. This means you cannot be fired because of your race, national origin, religion, disability, sex, color or age. I specialize in discrimination law.