Author Archives: nyctlaw

Home / Articles posted by nyctlaw ()

Disability Discrimination

Employers cannot discriminate against you for your disability.  If you think that you have been discriminated against because of your disability and your employer acted against you because of your disability contact an employment lawyer today!

If you get hurt you may be disabled and unable to work.

You should complain to your employer about their mistreatment of you and your disability.

Mental illness is a disability You should inform your employer about your disability.  Contact an employment lawyer from Berlingieri Law today for a free consultation.

Berlingieri Law, PLLC (Traffic Law)

Check out Berlingieri Law, PLLC’s new website http://newyorkstatetrafficlaw.com/

 

 

 

 

 

 

Berlingieri Law, PLLC’s new Traffic Law division seeks to serve individuals in need of representation with traffic tickets and summonses issued for violations of the vehicle and traffic law.    Attorney Berlingieri handles all areas of traffic law. Contact him today if you’ve received a traffic ticket for:

 

 

 

Speeding | Reckless driving | Failure to stop | Following too closely | Driving without a license | Improper cellphone use

 

 

 

 

Depending on your ticket, you may not even be required to appear in court. If you do have to go to court, your attorney will stand by you every step of the way. Attorney Berlingieri also represents commercial drivers and truck drivers, so call today to take care of your traffic ticket.

 

 

 

Employer Fires Employee for Attending Political Protest

A Berkeley, California restaurant terminates an employee for his political beliefs after learning he attended a political protest in Charlottesville, Virginia.

Employee’s free speech are not always protected. Employers can fire employees at will.  There is little to no protection for those who attend these rallies and have no other protected class.

Is participating in a political protest protected activity?  IF the protest is a bout a protected class – for both sides.   The protests could be considered defensible under Title VII simply because it has to do with a protected characteristic  A few local governments maintain protections for employees’ political affiliations, including in Washington, D.C., Puerto Rico, the Virgin Islands and Wisconsin. But political views are not a protected class under federal Title VII civil rights protections, unlike factors such as race, sex or religion.

More firings could follow, as a Twitter page “Yes You’re Racist” has attempted to name and shame the white nationalists who attended the rally Friday night and Saturday.

This public shaming of those involved in the protest comes shortly after a Google engineer was terminated by the tech giant for a controversial memo that, among other things, decried the company’s diversity efforts and said women were not biologically suited for the technology industry.

Employers trying to decide how to cope with a white supremacist or someone holding other discriminatory views have to consider their jurisdiction and the nature of the employee’s speech and affiliation.

Government employees do have a right to free speech, but are limited in terms of what they can say in the workplace. Workers at private employers have less leeway under the law to say whatever they please.

 

Employees should think twice before attending these type of violent protests on both sides of the issues because it could lead to termination if the employer finds out.

Google Fires Engineer for Giving Opinion on Gender

Google terminates engineer after internal leak of his objective opinion on gender in the google workplace.

Google Director responds to employee’s opinion about gender at google.

Know your Workplace Rights

If you have questions about employment law contact an attorney at Berlingieri Law, PLLC today.

New York City Employers Cannot Ask Job-Seekers About Salary History

NYC Employers, Beware of What You Ask Your Applicants and Employees: NYC’s Salary History Inquiry Ban

On May 4, 2017, Mayor de Blasio signed into law an amendment to the New York City Human Rights Law, which makes it an “unlawful discriminatory practice” for an employer to inquire about or investigate an applicant’s salary history. New York City joins Massachusetts and Philadelphia with similar bans.

Specifically, the law prohibits employers from:

  •  Asking an applicant about his/her salary history, benefits or other compensation;
  • conducting any search through publicly available databases for information about an applicant’s salary history and
  • considering an applicant’s salary history in determining the compensation package to offer the applicant, unless the applicant “voluntarily” and “without prompting” discloses his/her salary history.

 

 

The law allows employers to ask the applicant about his/her salary expectations, including whether any unvested equity or deferred compensation would be forfeited if the applicant left his/her current employment.

The law goes into effect October 31, 2017. The New York Commission on Human Rights is the agency charged with enforcement and the penalties for violating the law are steep. The Commission may impose a civil penalty up to $125,000 for an unintentional violation, and up to $250,000 for a “willful, wanton or malicious act.”  An individual may also file a lawsuit and recover backpay, compensatory damages and attorney’s fees.

Employers should update their applications to eliminate the question about salary history and inform everyone involved in the hiring process (including external recruiters) about the laws mandates.

 

FBI Director Fired After Several Critical Mistakes

At -will employment – political appointees do not have real job security. Top FBI employee fired for “poor performance” says the White House.  President Trump Condones FBI Director’s Termination.  On May 9, 2017 Attorney Jeff Sessions terminated embattled FBI Director James Comey.  The decision to terminate Comey, an Obama appointee, came after months of debate whether to terminate Comey for his handling of the Wikileaks and Hilary Clinton email scandal and there is an inspector general investigation amidst his 206 conduct.  President Trump sent Comey a letter while Comey was on a trip in California.   The Hilary Clinton email scandal investigation and his press conferences before the election could be perceived as poor performance and grounds for the administration’s termination.  FBI directors have been terminated before – including Bill Clinton’s termination in 1993, of William Sessions after the Justice Department’s Office of Professional Responsibility said the FBI director had engaged in unethical practices, and after Sessions refused to resign, and Richard Nixon’s termination of special prosecutor of Archibald Cox in 1973 on the so-called Saturday Night Massacre, where Nixon’s attorney general, Elliot Richardson, and deputy attorney general, William Ruckelshaus, both cowardly resigned when Nixon asked them to fire Cox.

Many top Democratic leaders including Hilary Clinton have called for Comey’s resignation, yet now decry the administration’s handling of the termination.

Senator Chuck Schumer said at an impromptu press conference to proffer a pretext and/or theory that Comey’s termination was uncalled for and suggested a cover up because of Comey’s lead of an investigation.

Former Trump Campaign communication director Jason Miller said to CNN “Comey should have been fired by the Obama administration in 2016” and that “no one says Comey needed to stay where he was.”

Sexual Harassment Claims End Bill O’Reilly’s Career at Fox News

Multiple women over more than 2 decades have accused Bill O’Reilly of sexual harassment at work.  The host of the O’Reilly factor – the hit Fox News prime-time show – has paid millions of dollars in settlement funds to women and has confidentiality agreements to keep the women from sharing their stories.

Ultimately, scandal after scandal Fox News had enough and decided to terminate Bill O’Reilly despite recently renewing his contract for 20 million dollars per year and being the network’s top talent.  O’Reilly stands to get a year’s worth of pay for his departure.

The Rupert Murdoch and sons – (Fox News owners) are veering the network in a new direction after parting ways with long time head Roger Ailes and and  O’Reilly amidst other sexual harassment allegations.

The  sudden departures of long time employees like O’Reilly and Ailes stem from a workplace apparently rampant with sexual harassment.

Fox News wanted to distance themselves from any liability and has severed ties with their star of over 20 years.

Gender equality and sexual harassment are issues that all people should pay attention to at the workplace.

A source close to the scandal said that “O’Reilly would have been fired years ago if it was someone else.”

Sexual harassment, discrimination and retaliation based upon reporting sexual harassment are illegal under state and federal law. If sexual harassment is occurring to you or someone you know report it and contact an employment attorney to help you better deal with the situation.  Workplace inequality and  asexually charged work atmosphere are unacceptable and should not be tolerated in 2017.

 

United Airlines Makes Room for Employees and Drags Doctor off Plane

Passenger brutally dragged off United flight from Chicago, IL, to Louisville, KY, to make room for employees.

Despite the harsh nature of the passenger’s treatment United acted legally and within the law, the controversy here is on the airlines response and justification of its actions.  Public outcry and support for the airline has been widespread.

The main question is should employees take precedent ofver customers.  Perhaps in some circumstances where here it was apparent that if one of its employees could not operate another flight in the near future the great harm would be to the business, not one customer.  Here, the airline’s response initially and after the incident was shocking and outrageous.  The passenger was “belligerent” says Oscar Munoz, United CEO, in a letter to employees shortly after the April 10, 2017

United’s CEO Oscar Munoz justifying the heartless reaction – said that “we need to get facts and circumstances” and that  “our initial responsefell short of expressing how were feeling”.

According to Gov. Chris Christie -United Airlines runs 80% of flight traffic out of Newark International Airport.  United Airlines seeks to put employees in front of other customers at almost any expense.   Later footage shows the Doctor saying that he wants to go home and to “just kill me” — thats how many feel with United in control of most flights at Newark International airport.

Passengers say United  initially offered $US400 and then $US800 in vouchers and a hotel stay for volunteers to give up their seats – yet no one budged.

 

This is what ensued.

Judge Neil Gorsuch sworn in as newest Justice of the SCOTUS

Justice Gorsuch brings balance to the Supreme Court and restores it to 9 justices.  Justice Neil Gorsuch sworn in on April 10, 2017 to the SCOTUS.

President Trump’s biggest accomplishment of his first one hundred days is by far having his pick for the Supreme Court of the United States, Judge Neil Gorsuch of the 10th Circuit Court of Appeals approved and sworn in.  Gorsuch fills a vacancy left open by the sudden passing of the late conservative justice, the great Antonin Scalia.  Gorsuch looks to adjudicate several high-profile cases on a docket that is sure to be full of interesting cases that affect millions of Americans.

Gorsuch, 49, is the youngest Justice on the court and looks on the bench for decades to come.

 

Speculation now swirls about the possibility of another Trump appointment to the Supreme Court.  Justice Kennedy (above) is 80 and may step aside during the current administration.  There is always the possibility of other Justices like Ruth Bader Ginsburg seat becoming vacant in the near future.  Constitutional conservatives and Americans of all walks of of political life will now await and see what Judge Gorsuch’s putative Supreme Court jurisprudence will be like.    How will he rule on important issues facing Americans, in employment, health care, regulations, environmental protections, religious liberties, gun-control, abortion, individual privacy rights and net neutrality to name a few.   We can only wait and see what happens under the new SCOTUS.