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Steven Mitchell
Sack

The Employee’s Lawyer®

Welcome to The Law Offices of Steven Mitchell Sack

Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

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It’s All in Good Faith….Right?

As a long-term employee, you have a certain protection against employers firing in bad faith, but it’s not always a simple concept. What constitutes a “long-term” employee? What is “bad faith”? It’s important for you to get informed and understand the ins and outs of employment law.

Here’s a section of my book “The Employee Rights Handbook” that deals with just that. Read now and get informed!

Implied Covenants of Good Faith and Fair Dealing

Courts in some states have further eroded the at-will doctrine by imposing a duty of good faith and fair dealing on long-term employment relationships. Typically, the duty of employers to act in good faith and fair dealing only applies to cases where an employee has been working for the company for many years or where a person is fired just before he or she is supposed to receive anticipated financial benefits (commissions, bonuses, accrued pension, profit sharing, etc.).

But not all longtime workers are entitled to such protection. Remember that if an employer fires you for a lawful reason (i.e., for cause), the fact that you have been with the company for a substantial time or are eligible for a substantial benefit may not make the firing illegal under a covenant of good faith and fair dealing theory. 

STRATEGY: If you are fired at the end of the year and are denied a year-end bonus or other benefits about to vest in the following year, consult a lawyer immediately to enforce your rights. Pension or stock option benefits about to vest within six months to a year of a firing can often be obtained via negotiations. For a bonus, a stronger claim can be made if you are fired within three months of the expected payment date. Sometimes a company will agree to keep you on unpaid leave status during the appropriate period as a way of qualifying. Speak to your lawyer about this negotiating strategy for more details.

If you cannot get your job back using a violation of good faith and fair dealing argument, you or a lawyer may be able to negotiate for you to obtain benefits you were expecting and would have received but for the firing. You should also consider asserting a claim for benefits based on ERISA rights. However, if an employer fires you for a lawful reason—that is, for cause—the fact that you are about to become eligible for a substantial benefit may not make the firing illegal.

For a full depth analysis on this topic and many more, visit http://legalstrategiespublishing.com/ to purchase “The Employee Rights Handbook” today!

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    Our Reviews and Client Feedback

    I dealt with steven as an adversary. I found him to be one of the most respectful,, knowledgeable, and effective attorneys i have encountered in my 40 years of practicing law.
    Steven isn't just a great lawyer, he is a great person. He was always available to take my calls, and to give good advice. I would highly recommend him.
    "I am an attorney, and I can say that Mr sack did an outstanding job in negotiating a severance agreement. He picked up the phone and made a call, something simple, timely and effective that no other attorney would do. Mr. Sack was effective, to the point, he always followed up, and he got me a better result than any other attorney would have.

    He exceeded expectations, and I am very grateful that I hired him.

    I would recommend him to any employee involved in a sensitive situation where diplomatic negotiation and communication is needed. He kept me very well informed about the progress of my case and obtained a very satisfactory negotiated formal written severance agreement, which is one of his specialties."
    Response from the owner:Thank you very much for your review. Please keep us in mind if you ever have any other employment law matters you need assistance with.
    The best contract lawyer out there. Responsive compassionate and got results results fast. Unbelievable contract lawyer best in NYC.
    Response from the owner:Thanks for your review. Please feel free to call back if you ever have any need of representation in any future employment law matters.
    I had the pleasure of working with Steven on my separation agreement, and I couldn’t be more grateful for his expertise and dedication. From the very beginning, he provided clear, strategic guidance, ensuring that my rights were fully protected. He took the time to answer all my questions, kept me informed at every step, and negotiated effectively on my behalf. His attention to detail and deep understanding of employment law helped me secure an exceptional outcome. I highly recommend Steven!
    Response from the owner:Thank you for your review. We are glad you were satisfied with your representation, and hope you contact us if you ever have need of representation again.
    I had a great experience working with Steven Sack recently relating to a recent job separation from my former employer. He is straight to the point, very knowledgeable, and easy to work with. I absolutely recommend his services to anyone that needs an employment attorney.
    Response from the owner:Thanks for your review. If you ever need any future counsel on employment law matters, please feel free to contact us again.
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