New York Employment Contracts Legal Questions

Under certain circumstances, an employer may be required to make certain reasonable accomodations if you have a temporary disability, although I don't know if telecommuting would be considered one.  However, absent something like that, or an employment contract or employee handbook which provides that employees can telecommute, your employer does not have to agree to your request to change the conditions of your employment, and can demand consideration (such as your agreement to change your employment status) in return.... Read More

It is likely not "illegal."  It may or may not be a good idea from a professional standpoint, but there likely is not a criminal aspect to babysitting for a teacher. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

I address your issues separately: 1. HIPAA. There is no HIPAA violation here. HIPAA doesn't apply to employers; it applies to health plans, health care providers and so-called "clearinghouses." If you disclose your medical circumstances to an employer, your employer is generally under no duty to retain that information in confidence. 2. STD. The terms of the plan determine whether you are entitled to this benefit. You should obtain a copy of the plan from your employer. If they refuse to pay in accordance with the terms of the plan, you may have a right to sue the trustees of the plan to compel payment. An attorney's services may be required in order to do that. Review the plan yourself first. 3. Unemployment. It is not clear what you want that you do not already have. You are in pay status. If you applied earlier and were denied based on "job abandonment," then you have a right to appeal. This is not clear from your posited facts.... Read More

Generally speaking, one only has the right to be protected against government actors under the First Amendment. Employers are generally free to fire anyone at any time for any reason, or no reason at all -- including that the employee said something in public (whether on FB or otherwise) that the employer dislikes. Facebook has no special status that distinguishes it from the public square, a newspaper or a ham radio broadcast.... Read More

Assuming that you have no other defenses to your repayment obligation, and assuming the "general release agreement" to which you refer is a standard form release, your "general release" of someone else (e.g. your former employer) would not modify the obligations you owe under your employment agreement.  It is only if they release you that your repayment obligation would be forgiven.  Were the releases mutual? ... Read More

It depends on the language of the contract.  Most non-compete agreements state that the employee cannot compete with the employer's business while working for the business and for a set time period after employment ends.  You should read the language of the contract to determine if the agreement is perpetual during your employment, or annual. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Being on a disability leave does not guarantee that you will always be able to return to work.  In other words, your employer does not have to hold your job open forever.  The FMLA may cover your leave for 12 weeks.  You may have other guarantees of reinstatement in a union contract, individual contract, handbook, etc.  You need to speak with an employment lawyer about your rights and options.... Read More

There are two main issues to think about when you are selected for layoff.  First, why did your employer select you?  You should write a chronology about your employment and include details about why you think you were selected for layoff as well as anything you think was unfair or unjust, especially if it was discriminatory or breached a contract.  This chronology  - which you should keep confidential and only show to your lawyer - will make it more efficient for you and an employment lawyer to determine if you may have a legal claim that you would be waiving by signing a severance agreement, which most likely contains a release.  (You can review this with an employment lawyer prior to your getting the paperwork next week). Next, the severance agreement should be reviewed with an employment lawyer to make sure it says what you think it says.  You should bring - if available and relevant - your handbook, offer letter, contract, severance plan documents (the summary plan description and full plan document if they exist), as well as any stock option related documents and any other documents referenced in the severance agreement.  Severance agreements can be very simple or very complex.  Sometimes they can be negotiated, and sometimes not.  Some agreements are generous - others would have you waive a valuable claim.  Consulting with an experienced employment lawyer can help avoid problems down the road.  An initial consultation to review a severance agreement can often take place in as little as 1-2 hours, and may be the best investment you ever make.   Contact me if you would like our firm to review a severance agreement with you in NYC or Long Island or you should look for an experienced employment lawyer in your area.  Bob Lipman   www.lipmanplesur.com  ... Read More

Where the 'pretext' of the termination is financial, in the absence of an employment agreement or a violation of a constitutionally protected class(e.g., sex, age, etc.), it is likely that you will not have a case as against the employe. However, that does not preclude your possibly getting a better severance package. As you have obviously, for privacy purposes, not disclosed the details, it would be to your benefit to consult with qualified counsel. Gerry Wendrovsky, Esq.- Upper West Side Lawyerwww.upperwestsidelawyer.com    ... Read More

You will have to fight the employer's appeal, by demonstrating that the certificate of disability is valid, and would effectively act to deem the misdemeanor, as if it never happened. Ensure you have a certified original of the certificate. Gerry Wendrovsky, Esq.- Upper West Side Lawyerwww.upperwestsidelawyer.com... Read More