HR Specialist: New York Employment Law

Employee interpretations of state laws are leading to sky-high numbers of lawsuits in the Empire State. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This New York-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. Learn more about HR Specialist: New York Employment Law and the free report you’ll get when you subscribe...

Employees often don’t think about suing until after they have quit their jobs and moved on. Then they claim they had no choice but to quit because working conditions were so dreadful.

Beat such allegations by keeping resignation letters and any notes taken during exit interviews. They help prove the resignation was voluntary.

Recent case: Kim Mohan worked for Target and complained that her supervisor was sexually harassing her. She got a requested transfer, even though the company didn’t find any basis for her complaint.

Months later, she tendered her resignation. She told management she had enjoyed her time at the new store, but had received a better offer. Then Mohan sued, alleging she had had no choice but to quit.

The court didn’t buy it, given her resignation letter and what she told management. (Mohan v. Target, No. 04-CV-987S, WD NY, 2009)