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Showing posts from August, 2024

Understanding Your Rights Under the ADA: Fighting Disability Discrimination in New York City

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Introduction The Americans with Disabilities Act (ADA) is a crucial piece of legislation that protects the rights of individuals with disabilities in various aspects of life, especially in employment. Since its inception in 1990, the ADA has provided millions of Americans with disabilities the opportunity to work without facing discrimination. However, not all employers are fully compliant with ADA requirements, and some may intentionally or unintentionally discriminate against employees with disabilities. At   Mansell Law , our   New York City ADA lawyers   are dedicated to fighting for your rights and ensuring you receive fair treatment in the workplace. What Does the ADA Cover? The ADA prohibits discrimination by employers with 15 or more employees, including state and local governments, employment agencies, and labor organizations. The law defines a “qualified individual with a disability” as someone who can perform the essential functions of a job with or without reasonable accomm

Navigating Severance Agreements in New York City: Know Your Rights and Get What You Deserve

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  Facing a severance agreement? Don’t sign before understanding your rights!   📝💼 A severance package might seem straightforward, but it often contains complex legal language and obligations. Consulting with an experienced employment lawyer can ensure that you fully understand the terms, conditions, and benefits offered. Once you sign, it’s typically too late to change your mind, so make sure you’re making the best decision for your future! What Is a Severance Agreement? A severance agreement is a binding contract between an employer and an employee that outlines the terms for ending employment. It includes severance pay, benefits, and sometimes conditions that may limit future actions, such as agreeing not to pursue legal action against your employer. 🤔💼 Why You Need Expert Legal Advice To protect your interests, it’s crucial to ensure that your severance package offers more than just the standard final paycheck and any accrued but unused leave. You may be asked to waive your righ

How To Spot a Wrongful Termination in New York

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  Living and working in New York, you might already know that it’s an “at-will” employment state, just like most other U.S. states. This means that, theoretically, either an employee or employer can end the employment relationship at any time and for any reason. However, this rule isn’t absolute. There are several key exceptions that make it illegal to fire an employee. If you think you’ve been   wrongfully terminated in New York , it’s crucial to understand your rights and consider consulting with an attorney. Exceptions to the “At-Will” Rule New York law provides clear guidelines on what constitutes wrongful termination. The two main exceptions to the “at-will” rule are: Contract or Union Protections : If you have an individual employment contract or are covered by a union collective bargaining agreement (CBA), you may be protected from arbitrary dismissal. Many CBAs, in particular, include provisions that require “good cause” for termination, meaning an employer must provide a valid

New York State Set to Ban Non-Competes: What You Need to Know

  New York State is on the verge of joining a growing number of states that have either prohibited or significantly restricted non-compete agreements. This new development has major implications for employers and employees across New York, including New York City. Here’s a comprehensive overview of the upcoming changes and what they mean for you. Key Takeaways of the NY Non-Compete Law Legislative Approval:  The Non-Compete Ban has been passed by both chambers of the New York State legislature. Statewide Impact:  The new law will ban non-compete agreements for all workers in New York State, including those in New York City. Voiding Current Agreements:  If signed by Governor Hochul, the law will void existing non-compete agreements. Legal Recourse:  Individuals will have the right to take legal action against any entity attempting to enforce a non-compete agreement or coercing individuals into signing one. Permitted Provisions:  Confidentiality and non-solicitation agreements are still

New York City Employment Contract Lawyer: Protecting Your Rights as an Employee

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  Understanding Your Employment Contract: What You Need to Know Starting a new job or receiving an updated employment agreement from your current employer can be exciting, but it's crucial to fully understand the terms and conditions outlined in your contract. Whether you are negotiating a new employment contract or reviewing an existing one, getting professional legal advice can prevent costly disputes down the line. Contact us today to have our NYC employment contract lawyers review your agreement and help you understand the terms and potential risks involved. Why Are Employment Contracts Important? In New York, employment is generally considered "at-will," meaning either the employer or employee can terminate the employment relationship at any time, for any reason, and without notice. However, an employment contract changes this dynamic by defining the specific terms under which employment can continue or be terminated. Understanding the contents of your employment con

Pregnant Workers Fairness ActPregnant Workers Fairness Act: New Protections for Women Workers in New York City

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  Understanding the Pregnant Workers Fairness Act (PWFA) The  Pregnant Workers Fairness Act (PWFA)  was adopted by the US Congress on December 27, 2022, and went into effect on June 27, 2023. On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued final regulations to implement the PWFA, effective June 18, 2024. The PWFA ensures that workers with limitations related to pregnancy, childbirth, or related medical conditions receive reasonable workplace accommodations. What Has Changed? Before the PWFA, pregnancy and childbirth were not automatically considered reasons for workplace accommodations. Under the Americans with Disabilities Act (ADA), only complications or disabilities related to pregnancy qualified for accommodations. Now, the PWFA mandates that employers provide reasonable accommodations for limitations caused by pregnancy or childbirth, regardless of whether they qualify as disabilities under the ADA. This change means that if you experience a common pre

New York City Severance Review & Negotiations Lawyer: Secure Your Future with Mansell Law

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  Helping Employees Transition Smoothly Severance agreements can be intricate and filled with legal jargon. To ensure you fully understand the terms and conditions of your severance package, consulting with an experienced  employment lawyer  is crucial. Once you sign a severance agreement, it’s typically irreversible. Maximize Your Severance Compensation Before agreeing to any severance package, it’s vital to ensure you’re receiving the compensation you deserve. At  Mansell Law , we specialize in negotiating severance agreements, leveraging your employment history to secure the best possible outcome. Our experienced attorneys will help you navigate the complexities of severance negotiations, ensuring you’re fairly compensated during this challenging transition. Understanding Severance Packages Severance agreements define the rights and obligations of both the employer and the employee upon separation from employment. These agreements typically include terms regarding severance pay, ben