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Employment at Will: When Is It Legal To Be Fired In NY?

Katherine Pilgrim | March 9, 2023 | Blog, Employment Law, Wrongful Termination | employment law, legal firing, wrongful termination

There are many situations in which a termination can be unlawful, but the place you should always start is that in New York State, an employee can be fired for any reason or even for no reason. I know, this can seem like a very scary prospect. Keep in mind though, there are exceptions to this "employment at will" rule. So when is it legal to be fired in NY? It is illegal to be fired in NY if: Your termination violates an employment contract: If you are a managerial employee or have specific …

If I Were Conducting the Trump Impeachment Trial Here’s What I’d Do

suzen Pettit | February 7, 2021 | Blog, Criminal Defense Law | criminal law

Democrats, bless their naïve little hearts, are trying to impeach Donald Trump using only the law while staying within the bounds of fairness and what’s relevant. That is very democratic of them; that being said, if they proceed this way, my prediction is they are bound to lose and no one is going to remember the trial. I’ve been a successful trial lawyer for 33 years. If I were conducting the Trump impeachment trial here's what I'd do : Step 1: Call Up the Sicknick Family to Testify My first …

Sweeping Changes to NY State Sexual Harassment Laws Will Help Victims

suzen Pettit | August 16, 2019 | Blog, Sexual Harassment | sexual harassment, sexual harassment in the workplace

Earlier this week, New York's law on sexual harassment was changed significantly. Governor Cuomo signed a bill extending the statute of limitations in which sexual harassment claims can be filed under New York State law to three years. This should not be confused with the other important New York law change pertaining to victims of child sexual abuse claims that was put into effect this week. A big week of victories for victims of sexual abuse. The statute of limitations change pertains to …

When is Being Fired Illegal? NY Labor Laws

Katherine Pilgrim | April 13, 2018 | Blog, Employment Law, Labor Law, Wrongful Termination | fired, new york labor laws, ny labor laws, wrongful termination

One of the most frequent Labor Law questions that we get is usually phrased like this; 'Have I been wrongfully fired?', or 'If xyz happened, can my employer legally fire me?' Because of this, we are taking the time to lay out a comprehensive guide to NY Labor Laws definitions of when being fired is legal, and when it is illegal in the state of NY. All of the situations that we will reference in this blog will be in the realm of 'Private Sector', or non-government employment. So let's begin with …

New NY Law on Criminal Records

Katherine Pilgrim | March 3, 2018 | Blog, Criminal Defense Law | criminal defense, criminal records

New NY State Law Now Allows Criminal Records to Be Sealed What does this mean for a person with a Criminal Record? Well, this means that people who have possibly made a mistake in the past, will still have a possibility of a bright future. As of October 2017, people with old criminal records who can prove themselves reformed, now have a chance at having their cases sealed, under a new New York state law. The statute gives candidates with eligible convictions up to one felony and no more than two …

Can I Sue for Gender Pay Discrimination?

Katherine Pilgrim | January 10, 2018 | Blog, Employment Law, Labor Law | discrimination, employment law, gender pay gap

We've been hearing a lot of talk about Gender Pay Discrimination in the media lately, and the reality of the situation is becoming front page news. You may now be wondering; "can I sue my employer for gender pay discrimination?" The fact of the matter is that in 1963, the Equal Pay Act was instated, and since that point in time it has been illegal to pay someone with the same job title and responsibilities a different wage on the sole basis of their gender. Unfortunately, arriving at the place …

New York Paid Family Leave: What you need to know

suzen Pettit | November 13, 2017 | Blog, Employment Law | employment law, family law, new laws, new york, nyc, paid family leave

Enacted in January of 2018, the underlying objective of the New York paid family leave program is simple: If you, as an employee, need to take time off, be it for medical illness, pregnancy, new parenthood, active duty deployment, or a distressing personal event, New York State will now pay you a ration of your salary in weekly installments for up to 12 weeks. This money stems from the portion of your salary that you would have been earning. What are the details of the NYPFL? Here's a summary of …

The # MeToo Movement: Workplace Sexual Assault

Katherine Pilgrim | October 20, 2017 | Blog, Sexual Harassment | assault prevention, metoo, sexual assault, sexual harassment, sexual harassment in the workplace

On October 5, 2017, The New York Times published an investigative report discussing years of sexual assault allegations against Hollywood producer Harvey Weinstein. In the past few weeks, social media has provided a thought provoking platform for women to discuss their experiences. Thus, launching the # MeToo Movement. What is the # MeToo Movement? Sexual assault takes place far more often than we would like to think. Through this movement we are starting to see just how many people have been …

Hiring an Experienced NYC Criminal Defense Attorney: 8 Questions to Ask

suzen Pettit | October 3, 2017 | Blog, Criminal Defense Law | arrest, attorney, criminal defense, criminal defense lawyer, fraud, lawyer, violation

Often the hardest part of having a run-in with the law is finding an experienced criminal defense attorney who you can trust, who will do right by you, and who will be an advocate for your needs. When being charged with a criminal offense, this is also one of the most important parts of resolving your situation. Even though time is of the essence, when you are facing criminal charges it is imperative that you find a reputable attorney whom you can trust. Below are the 8 top questions to ask when …

Sexual Assault on Campus; The Realities of the Accused

suzen Pettit | September 26, 2017 | Blog, Criminal Defense Law, Sexual Harassment | campus safety, criminal defense, defense, sexual assault, sexual harrasment, sexual violence

Sexual Assault on Campus I recently represented a college student accused of sexual assault on campus. While no one would claim sexual invasion, aggression, violation, or assault is not a serious problem, I believe the procedures used in these proceedings are flawed and lack proper due process protections. Whatever you may think of Education Secretary Betsy DeVos, I believe that in this case, the realities of a student accused of sexual assault are not what you would expect, and not the same …

Are You A Teacher in Danger of Losing Your Job?

Joe Carbonaro | April 7, 2017 | Blog, Education Law, videos | education law, employment law

If you are a teacher in danger of losing your job, NYC Education and Employment Lawyer Joseph Carbonaro is here to help. With extensive experience in education law representing both teachers and school systems, Joe knows the ins and outs of education law from both sides. Knowing when to fight vs. when to negotiate is crucial. Know this: You do have rights as a New York teacher under Education Law Section 3020A: rights to a lawyer, rights to a hearing, rights to call on an impartial arbitrator, …

Welcome to the New Carbonaro Law Website

suzen Pettit | December 1, 2016 | Blog, Education Law, Employment Law | education law, employment law, smart lawyering

We are proud to announce that after many months of hard work, Joe Carbonaro is launching a brand new website for Carbonaro Law! The new Carbonaro law website has been designed to reflect the needs of our visitors and to reflect Joe's mission of Smart Lawyering. Joe is a lawyer with more than 30-years of experience in both Criminal, and Civil Law. He specializes in Education Law, as well as Employment Related Matters, and we've incorporated separate pages of the website to each issue. Any visitor …

Are You Being Sexually Harassed At Work?

Joe Carbonaro | October 10, 2016 | Blog, Sexual Harassment | bullying in the workplace, quid pro quo, sexual harassment in the workplace

You might think that bullying only happens on school playgrounds or over social media, but bullying can occur anywhere, even in your workplace. That continuously rude co-worker or overbearing boss is most likely bullying you, but if those comments are lewd or inappropriate, they may be guilty of sexual harassment as well. So, are you being sexually harassed at work? Chances are if you feel like you are there is a good chance that you are. Any employee working in the State of New York is entitled …

Can My Employer Fire Me Without Paying Severance Pay?

suzen Pettit | October 8, 2016 | Blog, Employment Law, Wrongful Termination | employment law, severance pay

If you've ever wondered" can my employer fire me without paying severance pay", the short answer is yes, without a doubt, unless you have an employment agreement that requires severance pay or are in a labor union which requires it or the equivalent (such as pay for unused sick or vacation time). That being said, don't panic. There are good reasons why employers prefer to pay severance. So...CAN my employer fire me without paying severance pay? Here's the nitty gritty: First, in exchange for …

Did I Lose My Job Because Of My Age?

Joe Carbonaro | October 8, 2016 | Age Discrimination, Blog, Employment Law | Age discrimination, EEOC, employment law, fired at 40, layoffs after 50, what is ageism

"Respect your elders". This is a common phrase many of us heard from our parents or grandparents. In today's culture, we do anything but. This is evident in how the elderly are treated- or should I say mistreated- in nursing homes, in our medical system, on the phone with customer service agents, and in the grocery store. We live in an ageism culture where stereotyping and discriminating against individuals or groups on the basis of their age runs rampant. The workplace is now another channel …

How Parents Can Fight Bullying

suzen Pettit | October 7, 2016 | Blog, Bullying | bullying, cyber-bullying

Many parents do not know that most states are now adopting no-bullying statutes to help keep children safe in schools. The statistics of both in person and cyber- bullying are overwhelming, and as we see in the news, increasing. Recently a local news station profiled this important topic and gave NYC residents tips for how to handle a bullying issue with your child. How parents can fight bullying View the video about bullying in NYC. You can also learn more about bullying and see how Carbonaro …

How to Secure Your Child’s Education Rights Under IDEA

suzen Pettit | October 6, 2016 | Blog, Education Law | due process, education advocates, Free and public education, IDEA law, IEP, PPT meetings, special education

Your special needs child is doing poorly or worse, failing in school. You've spent countless painstaking hours talking to teachers and administrators about the goals and objectives set up in his/her IEP (Individualized Education Plan) in the hopes of seeing progress. Despite multiple calls and meetings with teachers and administrators, you're getting nowhere in your quest to get your child the help he/she deserves and is entitled to under the Free and Appropriate Education Law. It's imperative …

What To Do If You’re Stopped By the Police or Arrested

suzen Pettit | October 5, 2016 | Blog, Criminal Defense Law | criminal defense, protecting your rights, stop and frisk, what to do if stopped by police

It's an unfortunate state of affairs, but with so many horrible police shootings of late, people should think about how best to respond if they are stopped by the police. Having a strategy thought through could be the difference between life and death, literally. Both you and your teenagers should be aware as well, and know what to do if you're stopped by the police or arrested. Know this: You will need a criminal defense lawyer. But when in the moment, these are the steps you should …