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Employment Law

Mets and owner Wilpon sued over pregnancy remarks

10/08/2014
The New York Mets and its owner, Jeff Wilpon, face charges the baseball team fired its head of ticket sales and marketing because she chose to have a child out of wedlock.

EEOC sues pawnshop chain, alleges harassment

10/08/2014
The EEOC has filed suit against the owner of Seapod Pawnbrokers, a chain of pawnshops in Brooklyn and Queens. The owner allegedly made disparaging remarks to his largely Hispanic female employees.

Pro se litigant can’t start over after firing counsel

10/08/2014
Some litigants don’t want to listen to their attorneys when it comes to case management. That can make it difficult to settle a case or even cooperate with the other side. And things can get worse if the employee fires counsel and wants the equivalent of a do-over. Fortunately, most judges won’t let that happen.

Negligence can’t stand in for discrimination in N.Y.

10/08/2014

Clever lawyers are always looking for ways to reach deeper into employer pockets. One tactic has been to add state negligence claims to run-of-the-mill discrimination cases. That won’t work anymore, at least as far as negligent hiring, supervision and retention claims are concerned.

Independent agency decision doesn’t extend time for filing EEOC complaint

10/08/2014
Employees only have 300 days to get their EEOC complaints in after being fired or otherwise being hit with an adverse employment action.

Words matter! Boss’s oral promise can become binding if it’s definite enough

10/08/2014
Here’s a warning for supervisors and managers. When transferring an employee to another position, make sure you don’t make promises that create an employment contract. Such promises, under New York state contract law, don’t necessarily have to be in writing. Fortunately, they do have to be specific.

Firing the only member of a protected class? Better be prepared to explain why

10/08/2014
Are you facing the prospect of terminating an employee who happens to be the only member of a particular protected class? Don’t let the fear of a lawsuit stop you from making a legitimate business decision. Just make sure you can document exactly why you have chosen this employee for termination.

Barneys pays to settle racial profiling charges

10/08/2014
Upscale retailer Barneys New York has agreed to pay $525,000 in fines to settle a lawsuit alleging it began profiling black and Hispanic customers after experiencing a spike in shoplifting and credit card fraud at its flagship store in Manhattan.

Court: Bullying alone isn’t grounds for lawsuit

10/08/2014
A former employee has tried to advance a new legal theory by suing over alleged workplace bullying. His efforts failed and employers won’t have to worry about another new lawsuit flood.

New York employees entitled to voting leave Nov. 4

10/08/2014
The midterm election on Nov. 4 won’t draw as many employees away from their desks as a presidential election, but it’s still important to know if they must be given leave to vote—and be paid for it.