Employment Issues

How Safety Managers Can Stay Out of Legal Trouble


One essential quality of an effective safety manager is good judgement. An effective safety manager acquires good judgement through experience. How does the safety manager acquire this experience? Unfortunately, most often by using bad judgement.

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Lawyers as Employers


Presumption of Employment at Will

Unless you provide an employee with an employment contract that states otherwise, they are an "employee-at-will" under New York law. You may terminate an employee at will for ANY reason, NO reason, GOOD reason or BAD reason. There is NO WRONGFUL TERMINATION in New York.

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Severance Packages: Issues to Consider

In New York, if you do not have an employment contract (or are NOT represented by a labor union), you are an "employee-at-will." This means that your employer can fire you for any reason, no reason, good reason or bad reason. Believe it or not, you can be fired because you are a Buffalo Bills fan.

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To Disclose or Not to Disclose- That is the Question

Multiple Sclerosis ["MS"] is a very unique disability. MS can express itself in ways that are obvious to others (such as a mobility impairment). MS can also express itself in ways that are hidden (such as fatigue). No matter how MS expresses itself in you or your loved one, the dilemma is the same--Should I disclose that I have MS to a current or prospective employer? There are legal, moral and practical issues that are implicated by this question. This article shall address the legal issues only.

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Hot Topics-Disability & Employment Law

Presentation to Monroe County Bar Assn., Disability, Labor & Employment Law Committee (March 18, 2003)

Federal Law Developments--ADA

  1. Effective October 17, 2002, the EEOC revised its enforcement guidance on reasonable accommodation and undue hardship under the Americans with Disabilities Act. 

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Estimating Economic Losses

ESTIMATING ECONOMIC LOSS IN CONNECTION WITH WRONGFUL DISCHARGE AND PERSONAL INJURY--Overview and Practical Thoughts

WRONGFUL DISCHARGE IS A MISNOMER
  1. New York is an "Employment-at-Will" Jurisdiction.
  2. If NO Individual or Union Contract, Primary Way to Challenge Discharge is Through Federal and State Statutes that Prohibit Discrimination.
  3. Most Common Elements of Economic Loss in Employment Cases:

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Ten Ways That Managers & Supervisors Can Stay Out of Legal Trouble

One essential quality of an effective manager is good judgement. An effective manager acquires good judgement through experience. How does the manager acquire this experience? Unfortunately, most often by using bad judgement. 

In an effort to break the cycle of bad judgement, I offer managers a gift of sorts-10 ways to stay out of legal trouble in the work place:
  1. Talk to and with (not at) your Employees- Most employment disputes do not implicate legal issues- they are the product of poor communication. Explain your decisions to your employees with respect. 

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