The HR Specialist: New York Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 30
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The HR Specialist: New York Employment Law

Ordinarily, if a subordinate sues for alleged sexual harassment under Title VII, there is no personal liability for that supervisor. However, if the employer is a public agency or governmental unit, the rules change.

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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.

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

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The threat of an Ebola outbreak has dominated the news for months. With the possible exceptions of health care-related organizations, it’s unlikely that most employers will ever have to deal with the disease. However, it’s a timely reminder that even relatively common maladies (such as the flu) can wreak havoc on business operations.

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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.

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With the July 2014 enactment of the Compassionate Care Act, New York became the 23rd state to legalize medical marijuana. Employers should become familiar with how the law may affect the workplace.

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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.

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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.

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If there’s one reason for firing an employee that’s likely to stand up in court, it’s insubordination. Employers that carefully document an employee’s refusal to follow directions or listen to a supervisor’s reasonable instructions or rules are likely to win a lawsuit.

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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.

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