Because of their personal nature, employment cases can be very dramatic and emotional. Let’s face it, being fired is traumatic. It’s important to keep a level head and make sure you have preserved documents and not damaged your case before you’ve even begun!
Make sure you have a case:
First, and this may seem obvious, but make sure your claims won’t be dismissed because of your own misconduct. Have you stretched the truth on your resume and/or job application? Do you have confidential documents in your possession? Your lawyer can only help you if they have all the facts. The good facts, the bad facts and sometimes even the ugly facts.
Have you been presented with a separation agreement or does your employment agreement (or handbook) require disputes be resolved by arbitration? These are all crucial issues to examine at the outset. Have all your information at hand when asking an attorney to evaluate your case. Ask the difference between an agreement that requires arbitration rather than allowing for your claims to be heard by a jury. Each is a very different case. Understand the difference.
Know the process:
Employment cases have to follow very specific guidelines. State and Federal law both require all administrative remedies and procedures be completed before a complaint is filed. If your employment contract or internal procedures require you follow a grievance process prior to filing a lawsuit, then make sure you have done so. You will need a copy of your employment contract (or handbook) for your lawyer to be sure the internal administrative process is exhausted. After those avenues have been pursued, check the state and federal rules and ensure you follow the rules and regulations necessary to file a complaint with the United States Equal Employment Opportunity Commission before you file a complaint in court. And, of course, know your timelines. Employment cases have specific timelines and regulations so keep an eye on due dates and statues of limitations.
Get all of your ducks in a row:
Before you file your complaint with the EEOC, ensure you get any documentation, proof and statements you may need. This is especially important if you need any statements from employees who still work for the company. Once a complaint is filed, your client’s former employer will likely make it very difficult for you to access any current employees, but make sure all evidence collection is completely above board. You don’t want a single piece of evidence to be dismissible, or worse, open you up to liability.
Employment cases can be satisfying and if you’ve been wronged in the workplace, litigation can make things right, but these cases can be an uphill battle if you do not follow these simple steps at the outset. Be sure you have the right team on your side so you are ready for the fight!
Category: Front Page
If Your Beagle Has Been Singled Out In The Past, This is Good News for You
There is a new proposed bill in the New York legislature that may prevent landlords from banning specific breeds of dog from their properties. If New York Assembly Bill A2065A passes, landlords will still be allowed to ban tenants from owning any animals or ban particular animals if that animal has a history of violence, but they will no longer be allowed to ban specific breeds entirely. Although this rule will only apply to New York leases, it’s an example of how often changes occur, often without those effected having any advance notice.
Whether you are a landlord or a tenant, always remember the rules and regulations surrounding rental properties are constantly changing at both the state and federal level. A landlord in New York who has a lease banning beagles could find themselves in trouble. Likewise, a beagle-owning tenant looking for a new apartment should know their breed cannot be singled out. Having an attorney review your lease, whether you are a landlord renewing or a tenant looking for a new home, is always the best way to ensure your lease is in line with the rules and regulations of your state – and the rights of both you and your beagle are fully protected.
A Few Things to Keep In Mind About Overtime…
On December 1, 2016 the rules regarding the overtime regulations for white collar workers are going to take effect. Overtime pay will remain one and a half times the regular rate of pay after 40 hours of work in a work week, but the rules surrounding overtime, and those who qualify for overtime, will see some changes.
All hourly employees will still qualify for overtime pay, but the rules for salaried workers are going to change, however the test that determines which salaried employees qualify for overtime is being raised for the first time since 2004. The salary threshold will rise from $455 per week, or $23,660 for a full-year worker to $913 per week, or $47,476 for a full-year worker. This amount has been calculated based on national census data. Rather than having to issue new rules every few decades, as in the past, the new rules have also included a recalculation of the threshold every three years starting in 2020.
The exemptions for managers and administrators will not change. Administrators and managers whose wage is above the salary threshold still will not qualify for overtime. The current overtime laws have long courted controversy because of this exemption. Many employees accused their employers of giving them fake job titles to ensure they did not have to pay them overtime, but the new salary threshold will hopefully offer protection to anyone who may be overlooked in the current system. There will still be a number of professions who are exempt from these overtime laws including teachers, doctors and highly compensated employees or HCE’s according to federal regulations.
The overtime laws were put in place to ensure workers were not forced into long hours without proper compensation. Employees who needed employers to work more hours were forced to hire more employees and those who only occasionally needed overtime work could simply choose to pay workers the occasional higher wage. The drastic changes to the salary threshold could play out in several ways as some employers are threatening to reduce salaried workers to hourly or lowering starting salaries, but the changes are intended to give more workers either more reasonable hours or better compensation.
Small businesses have the most freedom of choice in this situation because, depending on your business and your employees, you can decide on a smaller scale how to make these changes work for your business. However, you do need to keep them in mind. Failure to comply with federal overtime law can lead to serious ramifications and lawsuits. You can read more at the Department of labor website here. If you have any questions, you should consult your business’s financial advisers and your business attorney.
Bergmann Law LLC 