New York Employment Lawyer Blog

We previously wrote a blog about negotiating severance agreements and severance packages. This follow-up post specifically deals with the issue of unemployment insurance benefits and severance agreements.

In New York State, you are generally not disqualified from receiving unemployment insurance benefits if you are at the same time receiving separation related benefits such as severance pay or a severance package. However, if your severance package constitutes receipt of your full salary and exactly the same benefits that you received while you were working with the understanding that the salary and benefits will discontinue if you get a job elsewhere, then you are disqualified from receiving unemployment insurance benefits. Some employers do this to prevent you from double dipping and collecting both a severance package and unemployment insurance benefits, but most severance agreements do not have this provision. Your employer's payment to you of unused accrued vacation time will not affect your eligibility for unemployment insurance benefits.

It is important you carefully examine any limitations receiving severance pay may place on your right to unemployment benefits. Effectively negotiating your severance agreement could affect your future employment status as well as your financial health. Our attorneys can help you analyze your severance package including your non-compete clause, stock option payments, right to positive reference, as well as any releases or waivers. For example, if you think you might have an employment discrimination lawsuit, one of our New York Severance Contract Lawyers can help you figure out if you have a valid lawsuit before you sign a release or waiver to discrimination claims you might have against the company.

Our New York Severance Pay Attorneys can help you negotiate critical terms such as the duration and manner of your severance pay. Before you sign a severance agreement, contact one of our experienced Severance Agreement Attorneys at (800) 893-9645 to help you read the fine print to make sure you are not limiting your right to unemployment benefits or other important legal options. Meet our Lead Severance Pay Agreement Lawyer.

Continue reading "New York Severance Pay Follow-Up: Does receiving severance pay disqualify me from being eligible for Unemployment Insurance Benefits in New York State? " »

The goal of most job interviews is to obtain important information about a candidate to determine if he or she is capable of performing the job requirements without crossing the line into illegal questions. An interviewer's questions must be related to the job that is being applied for. An interviewer cannot ask questions about a person's age, race, national origin, gender, disability, sexual orientation, or religion. The following are the top 5 things that an interviewer may want to know about a potential employee but cannot directly ask:

1) If you get pregnant, will you come back to work full-time after maternity leave?

This is a totally illegal question that can land you in the hot pot for discrimination. In fact, pharmaceutical giant Novartis learned the hard way, in the form of a $250 million award for punitive damages and an award of $3.6 million for compensatory damages for gender and pregnancy discrimination. Instead of this question, consider asking the following to all applicants:

What are your long-term career plans?
Is working overtime a problem for you?
If required, can you travel on short notice?

2) Are you married?

This question is often aimed at women to try to find out if they have a family and kids and whether this will interfere with their job responsibilities. This question is also used to find out a person's sexual orientation. Either way, it is discriminatory and should not be asked. Instead, ask the following:

What are your long-term career plans?
Are you available to work overtime and weekends?

3) What religion do you practice?

This is a clearly prohibited question and could also land you in court on a discrimination claim. Religious accommodation and discrimination claims are on the rise. This may be an important question in your decision making process if a person's religious beliefs are going to affect his or her work schedule. For example, it may be beneficial to know that a potential employee cannot work after 6 p.m. or every Wednesday, which might be a crucial deadline day. Instead, you might want to ask the following:

Are there any constraints on your work schedule?
Are you available to work every day?

Continue reading "Top 5 Illegal Job Interview Questions " »

Peri Software Solutions, Inc., a New Jersey based IT company, and its President, Sarib Perisamya, were issued significant penalties by the United States Department of Labor for alleged violations of the immigration provisions applicable to H-1B employees. In total, Peri Software and Mr. Perismya received penalties and fines close to 1.5 million dollars for unpaid back wages to over 150 employees. Under the H-1B visa immigration guidelines, Companies can hire foreign workers for limited terms to perform certain professional occupations such as IT programmers, engineers, and physicians. As part of the program, Companies must pay H-1B employees the same wage rates paid to U.S. workers who perform the same types of work or the prevailing wage rate in the areas of intended employment, whichever is higher.

According to the investigation, the Company failed to follow the program guidelines to pay the required prevailing wage to its H-1B computers analysts. Further, it was determined that the Company caused employees to sign under duress employment agreements which included unreasonable penalties if employees left employment. Not only did the Company fail to pay its H-1B employees, it sued them for breach of its unreasonable penalty provisions in the employment agreements. Due to the serious nature of these actions, the Company was also assessed a civil penalty of over $400,000.00 and it may barred from hiring H-1B employees in future years.

It is an outrage that Peri Software and other companies take advantage of H-1B employees who are new to the country and unaware of their legal rights. Our employment law attorneys have represented many H1-B employees to protect their rights and continue their employment without being harassed by unscrupulous employers. Call our attorneys now to discuss how we can protect your job, assert your employment rights and defend you in a lawsuit if your employer is trying to force you a pay penalty for leaving your job. Many of penalty provisions in these types of employment agreements may be unenforceable.

Continue reading "New Jersey based Software Company issued significant penalties for abusing H-1B workers by not paying back wages and trying to enforce unreasonable penalty provisions in employment agreements" »

Aside from a few exceptions set forth below, your employer can fire you for any reason, no reason, or even unfair reasons at any time. Under this doctrine of "employment at will," you can also quit at any time without having to give a reason.

In terminating your employment, your employer may not violate any state or federal laws, collective bargaining agreements or any employment agreements. Although your employer can fire you for no reason, he may not fire you for a prohibited illegal reason. For example, discrimination based on race, gender, pregnancy, national origin, age, disability, retaliation and sexual orientation is illegal under both New York State Law and Federal Law. For example, your employer cannot fire you because he or she feels you are now too old and wants to replace you with a younger worker and a workforce that has more "energy." Similarly, your employer cannot discharge you because he or she just learned that you are homosexual or lesbian and wants only "straight" employees. In many cases, it is not obvious that your employer is discharging you for an illegal discriminatory reason. An employer will not state that you are being terminated because you are woman or some other member of a protected class. Our skilled employment law attorneys are familiar with the fact patterns and scenarios involving illegal workplace terminations. If you suspect that your employer has terminated your employment based on discriminatory reasons, one of our experienced Employment Discrimination attorneys will work with you to determine if you have a potential employment law claim. Our attorneys have helped thousands of employees with workplace discrimination, harassment, wrongful terminations and other disputes.

Another exception to the at will employment doctrine is New York Labor Law Sections 740 and 741, New Jersey Conscientious Employee Protection Act and Connecticut General Statute Section 33-1336, which protect you if you are fired for "whistleblowing" about employer committing specific illegal activities. For example, under New York State Labor Law Section, your boss may not fire you if you reported a violation of law that causes a substantial and specific danger to public health and safety. However, you must have brought this to your supervisor's attention and given him or her a reasonable opportunity to correct the wrongdoing before complaining to a public agency. The New Jersey State Statute CEPA is more broad and generally affords greater protections to employees. If you have complained about a Labor Law violation and were subsequently terminated, talk to one of our experienced Labor and Employment Law Attorneys at (800) 893-9645 to determine if you have a claim for unlawful retaliation.

Continue reading "Does my employer have to give me a reason for firing me?" »