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Queens Employment Law Blog

In some circumstances terminated employee can take legal action

While there are of course many people who enjoy their jobs, the reality remains that in most cases having a job is not a choice. Instead it is necessary to make ends meet. Because of this, for most people holding on their job is important and they do everything they can to keep it. At times, despite this they are fired. While most people are employed at will and his or her employer can let someone go either for cause, or just because, there are situations when the termination of employment is illegal.

Do you know what FMLA is and how it could work for you?

Most workers are probably aware of the benefits their employers provide each year such as vacation and sick time. They may be less aware of benefits provided by the federal government that many employers are subject to. A program that fits into that category is the Family Medical Leave Act.

The act makes it necessary for employers to provide employees who fit certain criteria with up to 12 weeks of unpaid leave annually. To qualify an employee must work at a company that employs at least 50 individuals within a 75 geographical radius. In addition, they must have worked at the company for year and put in a minimum of 1,250 hours.

Woman cites pregnancy as reason for termination of employment

There is no question that women have come a long way over the course of the last few decades when it comes to equality in the workplace. While some things have leveled out there is still room for improvement. This is illustrated in the existence of workplace discrimination lawsuits filed by women based on being pregnant.

A former executive with the New York Mets recently filed one of these lawsuits. The woman, who was employed as a senior vice president of ticket sales, claims that she lost her job because she is unmarried and was expecting a baby.

Is a new NYC-based car service solely for women discriminatory?

Thanks to the proliferation of smartphones, large data networks, widespread wireless coverage and phone apps, traveling has become far easier than in decades past. With just a few swipes of a finger, a person can rebook their plane ticket for a cancelled flight, purchase a train ticket, or even arrange a ride from a ride sharing company or livery cab service.

In fact, the demand for car service generated largely by smartphone use has become so great that more entrepreneurs are now forming new outfits in an effort to capitalize on an untapped clientele.

To illustrate, consider a new car service called SheTaxis slated to start serving clients in New York City, Long Island and Westchester County next week. Here, the company has created a downloadable app that is essentially for women only, as it allows its all female clientele to arrange rides with only female drivers. (In the event a woman is not present in the party asking for a ride, the phone app redirects the user to another car service.)

Restaurant to pay job applicant $25,000 for violating ADA

Under the Americans with Disability Act, it is illegal for employers to discriminate against potential employees because of disability. When a disabled individual believes that this has happened, he or she may be able to take legal action. This is accomplished via assistance from the U.S. Equal Employment Opportunity Commission. A Popeye's Chicken franchisee, based in another state, was accused of disability discrimination.

The EEOC filed a lawsuit against the fast food restaurant after a man was allegedly denied employment because of his HIV-positive status. The EEOC alleged that the business failed to employ the man despite the fact that he was qualified for the position, having previously worked at a fast food restaurant as a general manager.

Tech company fights back against sexual harassment claims

The assumption that most probably have when news of a sexual harassment case breaks is that it is a man harassing a woman. As a case currently pending against Yahoo Inc., illustrates, this is not always the case however. A woman who formerly worked as an engineer for the business filed a lawsuit against the company alleging that her former boss sexually harassed her. She also claimed she was wrongfully terminated. Her former boss is a woman.

Woman claims magazine discriminates based on race

A woman fired earlier this year from her job as a Senior Editor at People magazine believes that the company is biased against African-Americans. The 48-year-old woman—who is African American was reportedly the only black individual to serve in that role with the magazine. She recently filed a lawsuit against the magazine, its parent company, Time Inc. and her former supervisor. In it she seeks money damages of an unspecified amount. She claims that she was discriminated against.

Women allege discrimination in case against comic book publisher

In an article previously posted on our firm’s website we discussed a study the results of which indicated that favoritism toward others in their “ingroup,” not hostility over differences, has more to do with workplace discrimination occurring. Multiple factors may contribute to the formation of an ingroup including occupation, neighborhood, gender or race. On the other end of the spectrum, an “outgroup” usually consists of people with whom someone has difficulty identifying with.

Governor indicates interest in expanding state's civil rights law

Most readers are likely aware that there are certain things for which it is illegal for employers to discriminate against their workers. While readers may be aware that discrimination based on sexual orientation is illegal, they may not realize that currently under the state of New York’s civil rights law, transgender discrimination is not included. This is despite the fact that transgendered individuals face the same types of discrimination and harassment that others face. Governor Andrew Cuomo is seeking to do something about that.

Store allegedly retailiated following sexual harassment claims

In a previous post we wrote about the prevalence of sexual harassment in restaurant settings. This is not the only service type job where workers are subjected to sexual harassment. As it turns out, retail settings are also common locations for the activity. In 2011, more than 11,000 charges were filed against employers with the Fair Employment Practices and Equal Employment Opportunity Commission agencies. Since 70 percent of those who face this behavior do not report it, in reality, the number of people dealing with this is probably much higher.

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