New York Employment Lawyer, Steven Sack, discusses labor issues and employment law in New York and how to resolve legal issues in the workplace. Steven Sack,”the employee’s lawyer”, is also the author of The Employee Rights Handbook.
In an at-will employment relationship, employers have broad authority to fire employees, for a wide range of reasons. However, not every rationale for firing people is legal, and employers can face potential ramifications if they fire an employee for a legally prohibited reason. Here are five of the most common reasons that employees are illegally fired by their employers:
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Increasingly, employers have used credit checks to screen employees and make hiring and firing decisions. In fact, according to a 2018 HR.com report, as many as 16% of all employers in the United States conduct a credit check on all employees as part of the hiring process, and a third pull credit reports on at least some of their job candidates. But what is an employment credit check, and how can employers use them against their employees? Continue reading “How Employers Can Use a Credit Check Against An Employee”
By far the most common type of employment in the United States is what is known as at-will employment. In fact, it is estimated that nearly three quarters of all employees in the U.S. are considered to be at-will employees. But what does it mean for someone to be employed at-will, and why might that matter for you?
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As Steven Sack says in his book, Fired!, “The Civil Rights Act of 1964 prohibits religious discrimination and requires employers to reasonably accommodate the religious practices of employees and prospective employees.” However, religious discrimination is a surprisingly common phenomenon in workplaces across the country, although many people do not realize it. Here are five ways employers may discriminate against employees on religious grounds:
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Age discrimination is not discussed as often as other types of discrimination, but it is no less damaging for people and their careers. When employers choose to discriminate against their older employees, they can cause substantial harm to them and their career prospects. Here are five signs of age discrimination you may want to watch out for if you are 40 or older:
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Legally speaking, it is illegal for employers to retaliate against an employee for reporting a violation of employment law by their employer. However, employers often take retributive measures against employees anyway, resulting in substantial professional consequences for employees who are simply trying to do the right thing. But what exactly is retaliation in an employment law context, and what should you do if your employer retaliates against you?
While some people are fired from their jobs without any warning, most people can at least see the signs in advance. Even if the prospect of losing your job can be daunting, you can use it as an opportunity to negotiate your firing, and to minimize the harm that getting fired will do to you and your family. Here are five tips to help you if you are facing the prospect of getting fired: Continue reading “Five Tips to Prepare for Your Firing”
It is increasingly common for employers to put arbitration clauses in their employees’ contracts. Unfortunately, many employees sign these contracts without understanding what they mean, unintentionally trapping themselves in a potentially troublesome legal arrangement. So what is an arbitration clause, and how can it affect you when it is in your employment contract?
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As a general rule, dress codes are legal for employers to have. As Steven Sack notes in his book, “Fired!”, “[dress codes] are legal provided the policies do not unfairly impact a group of workers such as females.” But what do you do when a dress code does unfairly discriminate against a group of people, and what does that look like?
Continue reading “How Dress Codes Can Result in Job Discrimination”
Disability discrimination is sadly a common experience in workplaces across the country. While the Americans With Disabilities Act (ADA) is meant to protect disabled workers from discrimination, they nevertheless face hurdles that can make it harder for them to support themselves. Here are five potential signs of disability discrimination you should look out for in your workplace:
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