Answers Posted By Jeanne M. Valentine

Answer to I was falsely accussed of Sexual Harassment

I think that is an excellent idea, Mr. Upton. Great advice. That will timely preserve your objection to the accusation and memorialize exactly what did happen in the event they try to use it against you in the future.

Jeannie Valentine
www.hudsonvalleyemploymentlaw.com

posted Jul 12, 2010 6:04 PM [EST]

Answer to I was falsely accussed of Sexual Harassment

What happened? Were you fired? Written up? Demoted? If there was simply an accusation, there really isn't anything you can do except explain yourself. Did it matter that the mother's relationship was homosexual, or would you have presumed the employee's unprofessional behavior was the result of the mother's personal issues regardless of the type? Just because you used the word "lesbian" shouldn't matter unless you targeted the poor employee BECAUSE of his or her perceived sexual orientation. Wish I could be of more help. Good luck.

Jeannie Valentine
www.hudsonvalleyemploymentlaw.com

posted Jul 12, 2010 08:53 AM [EST]

Answer to do i have a case

Unfortunately, unless you were hired pursuant to a contract that spells out the only reasons your employer can fire you, then you are considered an "at will" employee in NYS. That means your employer can fire you for any reason or no reason at all - they can fire you because they don't like your haircut, the color of your nail polish, or your middle name. The only prohibitions to the reasons they can fire you are if they do so because of your civil rights such as race, color, religion, sexual orientaion, gender etc., or if they violate a statute that prohibits terminations for reasons such as whistleblowing or pregnancy or because you have a disability. I am afraid they can fire you for posts on facebook, as this is becoming more common every day - I try to warn employees of the dangers of facebook posts concerning employers. "Like" my page on facebook for some helpful advice: http://www.facebook.com/pages/The-Valentine-Law-Office-PLLC/315668693522 />Good luck.
Jeannie Valentine

posted Jul 4, 2010 09:52 AM [EST]

Answer to Former employer making disparaging remarks and trying to impose non-compete after the fact

The langage of the confidentiality provision needs to be reviewed line by line. Based on the information you have provided, it appears likely that the former employer may not prohibit you from competing in the field under the provision but it depends on what you agreed to in the severance agreement. You may never use confidential and proprietary information belonging to your former employer even without a contract, but you cannot be prohibited from ever working in the industry again after termination. The release you signed will not operate to bar a defamation claim after the date of the release, but you will have to prove that you suffered actual monetary damages as a result of the false statements to have a valid claim. Of course you can send a cease-and-desist letter. Feel free to call my office and set up a consult so we can work on this together if you want to go forward. I will be available to talk to you tomorrow. Best of luck to you.

Jeannie Valentine
The Valentine Law Office PLLC
845-497-5010

posted Jun 10, 2010 08:00 AM [EST]

Answer to If I gained nothing, other than employment and medical bens, is it enforcable?

NY courts will often find that a 10 mile, 6 month restriction is valid if you executed a non-compete agreement in exchange for employment. The courts reason that you can work doing something else for 6 months anywhere you want, or you can be a dog groomer as close as 11 miles from the business. Not that you will feel any better, but courts often uphold restrictions that include several neighboring counties and states, for as long as 2 years or more. Unless you can prove that you were tricked into agreeing to the restrictive provision, I am afraid the restriction will likely be upheld.

posted Dec 10, 2009 07:21 AM [EST]

Answer to Does my employer have to pay me for accrued vacation when I resign?

It will depend on your position and other circumstances. Read below, and if you feel your employer still owes you the 9.5 hours, go to http://www.labor.state.ny.us/formsdocs/wp/LS425.pdf and submit a claim.

Section 195 of the New York State Labor Law provides that "Every employer shall notify his employees in writing or by publicly posting the employer's policy on sick leave, vacation, personal leave, holidays and hours." To assist employers in complying with this provision, the Division of Labor Standards has issued the following guidelines:

An employer shall distribute in writing to each employee, the employer's policy on the above enumerated items. The employer upon the request of the Department, must be able to affirmatively demonstrate that such written notification was provided to employees by means which may include, but not be limited to, distribution through company newspapers or newsletters or by inclusion in a company payroll.

Labor Law 191(3) requires that upon termination of employment, employers must pay employees their “wages not later than the regular pay day for the pay period during which the termination occurred....” Under 190(1), “wages” also includes “benefits or wage supplements as defined in section one hundred ninety-eight-c of this article, except for the purposes of sections one hundred ninety-one and one hundred ninety-two of this article.” Section 198-c(2) provides: “As used in this section, the term ‘benefits or wage supplements’ includes . . . vacation, separation or holiday pay.”

BUT Section 198-c does not apply to “any person in a bona fide executive, administrative, or professional capacity whose earnings are in excess of nine hundred dollars a week.”

Feel free to contact me directly if you need further help. www.hudsonvalleyemploymentlaw.com

posted Nov 8, 2009 06:59 AM [EST]