SETTLEMENT OF $ SIX FIGURES FOR GIRL BURNED IN FOSTER CARE HOME

A settlement of $ SIX FIGURES was negotiated on behalf of our client who was burned in a Foster Care Home. We were able to establish that Talbot Perkins Children's Services was negligent in failing to provide supervision to the foster care child.

WELFARE MOTHER GAINS PERMANENT CITY POSITION AFTER CLAIMING SEXUAL HARASSMENT

A former welfare mother who worked with the NYC HOUSING AUTHORITY as a WEP worker was given a permanent position with that agency and attorney fees after filing a complaint of sexual harassment. This case raised novel issues concerning whether WEP recipients were workers and are covered by Title VII and other anti-harassment statutes.

VOLUNTEER FIRE FIGHTER RECEIVES MONETARY AWARD FOR SEXUAL HARASSMENT

A Nassau County volunteer fire fighter received a substantial monetary award regarding a hostile work environment and gender discrimination. The woman was denied access to training and subjected to unwanted sexual comments and bogus disciplinary charges.

MAN RECEIVES $ SIX FIGURE SETTLEMENT FOR EXCESSIVE USE OF FORCE BY NYC POLICE OFFICERS

In a Federal Court lawsuit, the City of New York and the NYC Police Department paid $ SIX FIGURES to a man who was beaten as a result of a misdemeanor arrest for trespass. We were able to establish that the force used to make the arrest was excessive and led to injuries.

All of our clients should be aware of their basic rights regarding acceptable conduct in the work place. The following article deals with the different types of protections available to you as an employee and your rights when these protections are violated.

Employment at will - In New York State a private employer has the right to terminate an employee at any time for any or no reason. This is the so called employment at will doctrine. The employee on the other hand has the general right to resign or quit at any time for any and no reason. The law in New York State differs from some other states that have a fault or cause requirement before an employee can be dismissed from his or her job. There are exceptions to this rule such as a contractual obligation, union collective bargaining agreements, public employees who are protected by the due process provisions of the Constitution and discharges which are illegal based on discrimination and other statutory violations.

Discrimination - There are three basic types of statutes that protect an employee from discrimination in employment. The Federal Statute, more commonly known as Title VII, requires that the employer have at least 15 employees and a filing of a complaint with a designated Civil Rights Agency before you can go to court. The State Discrimination Law, also known as the Executive Law and the New York City Law, also know as the Administrative Code. These laws protect employees from discrimination, harassment and discharge based on Race, Color, Religion, National Origin, Sex, (including pregnancy discrimination, sexual harassment and hostile work environment and gender discrimination), Age and Disability. In New York City and soon to be all of New York State, workers are also protected against discrimination based on their sexual orientation. Under both New York State and New York City laws, unlike under the Federal Law, one does not have to file first with a Civil Rights Agency to bring suit. Agencies include the EEOC (federal), the SDHR (state) and the CCHR (city). All filings must be made within 300 days from the last act of discrimination. Failure to file within this period will prevent you from bringing a Federal Claim under Title VII. State and City claims may be brought in one of two ways. One may administratively file a complaint within 300 days with SDHR or CCHR (no jury trial but a hearing before an administrative law judge) or commence a lawsuit in court within 3 years from the last act of discrimination. ADVICE: Consult an attorney before you make this election of remedies.

Other protections in the workplace. Employees injured on the job are protected under Workers Compensation Law. Whistleblower statutes dealing with safety and health issues, Equal Pay Acts and Minimum Wage Protections, Fair Standards Labor Act and State labor laws, OSHA protections and Polygraph Protection Act are examples of other laws which govern employment. In 1993, the Family and Medical Leave Act (FMLA) became law. This law permits most employees in a job of at least 50 employees and who have worked with that employer for at least one year to take up to 12 weeks per year without pay if the employee needs family or medical leave for his/her immediate family. Your job will be protected when you return from leave.