Employment Law

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 …

Is the New NYC Employment Law Targeting the Use of AI in Hiring a Good Thing?

suzen Pettit | March 11, 2022 | Employment Law, From the desk of Joe Carbonaro, Legal Articles |

New York City has enacted a law to prevent discrimination against people by robots, which is to take effect Jan. 2, 2023. The City Council has enacted a law to prevent bias by “Automated Employment Decision Tools.” According to Bloomberg News: "Employers in the city will be banned from using automated employment decision tools to screen job candidates, unless the technology has been subject to a “bias audit” conducted a year before the use of the tool." Is the …

NY State Employment Discrimination: It’s Not That Simple

suzen Pettit | June 4, 2021 | Employment Law | employment discrimination, employment law, job discrimination, ny state job discrimination, workplace discrimination

New York State and City anti-discrimination laws go significantly further than federal law to protect employees from discrimination by employers. New York protects more categories of people and makes proving some forms of NY state employment discrimination easier than current federal law. Here's the rundown of types of illegal, enforceable discrimination against employees New York employers are prohibited to discriminate based on: Race Color National origin Religion, sex (including …

Can NY Employers Require Their Employees to Get a COVID-19 Vaccine?

suzen Pettit | April 7, 2021 | COVID-19 employment guidelines, Employment Law | covid-19 vaccines

COVID-19 Vaccines: Can a NY employer require you to get one? And should they? The answer is generally, yes, but first we need to distinguish between a private sector employer and a public- state or city- employer. In the private sector, employers have the last say. The employee has a choice to make: either get the vaccination or resign. That being said, as of now, the government has not forced anyone in the private sector to get the vaccine. Remember, in the private sector the general rule is …

My Take on NY State Paid COVID-19 Vaccination and Family Leave Guidelines

suzen Pettit | March 29, 2021 | COVID-19 employment guidelines, Employment Law | NY State covid-19 employee guidelines

On March 12, 2021, Governor Cuomo signed into law a bill granting public and private employees paid leave in order to get a COVID-19 vaccine, specifically four hours per injection. The NY State Paid COVID-19 vaccination and family leave guidelines state that employees cannot be docked time for leaving the office to get a COVID vaccine for up to eight hours. Note: If an employee receives the Johnson & Johnson vaccine, which only requires one shot, obviously that employee is only entitled to …

New York Coronavirus (COVID-19) Workplace Rights

suzen Pettit | July 27, 2020 | Employment Law | coronavirus workplace rights, covid-19 employee rights

The New York State legislature is considering whether to enact a new law that would nullify any employment agreement in which the employee waives his or her right to sue the employer due to negligent management of the Covid-19 pandemic. What are your New York Coronavirus (COVID-19) Workplace Rights? Enacting this law would mean that employers would not be shielded from liability by having employees sign waiver forms before they can return to work during the coronavirus. If you as an employee, …

How the Fair Labor Standards Act Affects Small Businesses

suzen Pettit | February 26, 2020 | Employment Law, Labor Law, Uncategorized | employer rights, FLSA, labor law, NYLL

If you are a small business owner, there are some potential traps laid by New York's Labor Law (NYLL) and the federal Fair Labor Standards Act (FLSA) that even the most well-intentioned amongst you could fall prey to. The New York State Labor Law and the Federal Fair Labor Standards Act are powerful tools for employees' and their lawyers to seek damages for wages that might be due. Small businesses like restaurants, dry cleaners, grocery stores, construction contractors in specific trades, …

Blind Teacher Sues For Wrongful Termination

suzen Pettit | June 29, 2018 | Employment Law, Wrongful Termination |

A not-for-profit social service agency that provides services to foster care children and preschool education to three and four-year-olds is being sued by a blind special education teacher for wrongful termination against her employer and not providing her with a reasonable accommodation in order to keep her job. Mr. Carbonaro is representing the plaintiff for wrongful termination and discrimination. …

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 …

Workplace Gender Equality and the Fair Pay Act

suzen Pettit | January 26, 2018 | Employment Law | fair pay act, gender discrimination, gender pay gap, workplace gender equality

Workplace gender equality laws protecting women in gender discrimination cases have changed, making it easier for women who are victims of workplace gender discrimination to sue and have a chance of winning their case. Joe talks about it here: Known as the Lilly Ledbetter Fair Pay Act, this law was enacted by President Obama in January of 2009 , and essentially changes the statute of limitations to close an unfair wage gap . Now, the statute of limitations clock runs from the moment a woman …

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 …

Am I Being Sexually Harassed At Work? Here Are The Signs

suzen Pettit | March 24, 2017 | Employment Law, Sexual Harassment | employment law, sexual harrasment

Sometimes, being sexually harassed at work is not the blatant affair that we see on TV or in the movies. Unfortunately, this may mean that even after seeing it dramatized time and time again, we may be ill-equipped to deal with it effectively in real life. More often than not, sexual harassment comes in more subtle forms which, none- the- less will leave you feeling uncomfortable and vulnerable. It is important to remember that even though we so often see women as the victims of sexual …

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 …

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 …