Why Employees Should Think Twice About Quitting Their Jobs
Something is going on at work that is not quite right. Your employer is giving you a hard time about an accommodation of a disability or about taking breaks to pump breast milk, but it hasn't quite prevented you from doing what you need to do. A coworker is making sexually inappropriate...
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COURT RULES EMPLOYEE DOES NOT HAVE TO EXHAUST STATE CIVIL SERVICE LAW PROCEDURES PRIOR TO FILING FEDERAL DISABILITY DISCRIMINATION LAWSUIT
In October 2017, D'Orazio Peterson LLP (Giovanna D'Orazio, of counsel) argued an issue of first impression in the federal district court for the Northern District of New York. (Meaning there was no controlling case law from the Second Circuit or US Supreme Court on the issue). The issue was whether a public...
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WHAT IS “LAVERN’S LAW” AND WHY IS IT IMPORTANT?
Following passage in the New York State Senate and Assembly, New York Governor Andrew Cuomo signed Lavern's Law into law. This new law extends the time period for victims of late cancer diagnoses to bring claims, adding, in effect, a "discovery" rule.
THE LAW BEFORE.
It used...
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SHOULD YOU BORROW AGAINST A POSSIBLE SETTLEMENT?
A recent article in the New York Times, titled, "How the Finance Industry is Trying to Cash in on #MeToo", highlighted a little known but very lucrative business - lawsuit advance loans.
Companies have been targeting potential plaintiffs in sexual harassment cases following the string of...
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The Workplace In The Era Of Me Too Giovanna Dorazio In Herlife New York Magazine
In the January 2018 issue of Herlife New York Magazine, Giovanna is talking about the workplace in the era of Me Too and Time's Up. This month's Ask the Expert column is talking about ways small businesses can deal with sexual harassment complaints and investigations, as well as how employees can make...
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WHEN A MEDICAL TOOL GETS LEFT BEHIND – FOREIGN OBJECTS AND WHY THEY CAN HURT
The Washington Post recently reported on a story of an Army Veteran who discovered a surgical scalpel that had been left in his stomach following surgery - for four years!
This is what's known as a "foreign object" - it's something that does not belong, and that...
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WHY WE MARCHED: ONE YEAR LATER
This weekend marks the one-year anniversary of the Women's March and President Trump's inauguration. As with all things, at the time of the march, there was backlash and criticism along the lines of “give the President a chance” and “what rights do women not have”. We explained why we marched and our...
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Will A Doctors Note Protect My Job When Sick Leave Is Protected
It was recently reported that employees of the railway company CSX were fired for absenteeism during the holidays. It appears that numerous employees utilized pre-approved FMLA time and were then fired. The implication is that these employees abused their time in order to have time off during the holidays. Of...
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DISTRACTED ACCIDENTS COME IN MANY FORMS
We write often about car and truck accidents involving distracted drivers. We do this because we know, first hand, that distracted driving has truly become an epidemic on par or exceeding drunk driving. We often refer to distracted driving in the context of cell phone use, but it is important to remember that...
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Why Calling Out Sexual Harassment Is Not About Political Correctness
I was at an event the other night and the conversation turned to the big news of late: sexual harassment. One of the men at my table, fairly heatedly, started lamenting the fact that everything was wrong now: you could no longer hug women at work; if you told a woman she...
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Protections For Disabled Veterans In The Private Workplace
Veterans with disabilities are protected in the private workplace under two major federal statutes: the Uniformed Employment and Reemployment Rights Act (“USERRA”) and the Americans with Disabilities Act (“ADA”).
What is USERRA?
USERRA applies to all service members regardless of whether or not they are disabled. ...
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Sexual Harassment Secret Settlements And The Reality Of The Legal Process
There has, without question, been an unprecedented cascade of sexual harassment complaints being made public following the Harvey Weinstein allegations. This is a good thing. The willingness of victims of sexual harassment to come forward and share their stories makes it more likely that an employee in some other workplace will feel empowered...
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