Articles

Unemployment Benefits and Resignation by an Employee for Good Cause

by Beth E. Carey In general, if an employee resigns from his/her employment, New York State will deny unemployment benefits to the employee. However, what if the employee resigns for a good reason — because the employer is discriminating against the employee because of sex, race, religion, or disability? The New York State Appellate Division, … Continue reading Unemployment Benefits and Resignation by an Employee for Good Cause

A Brief Guide to Community Based Medicaid Long Term Care

When people discuss long-term care and Medicaid, the conversation usually focuses on institutional care (i.e hospitalization or nursing home care.) However, government health programs, medical professionals and consumers are increasing their support of in-home or “community based” long-term care as both a cost savings measure and as a personal preference for non-institutionalized care. Long-Term Care … Continue reading A Brief Guide to Community Based Medicaid Long Term Care

Practical Applications of Mechanic’s Liens: What the Lien Means and When to File One

A mechanic’s lien is a fairly well-known device which allows a contractor, subcontractor, laborer, materialman, landscape gardener or nurseryman who performs labor or provides materials for the improvement of real property to file a lien against the real property so improved.   The lien is filed for the amount of money due and owing the … Continue reading Practical Applications of Mechanic’s Liens: What the Lien Means and When to File One

The Benefits of Mediation in Commercial Disputes

Over the past few years, both the Federal Court system and the State Court system in certain counties here in New York have adopted mandatory mediation programs to help settle commercial disputes.   These mandatory programs have presumably come about for several reasons. First, Courts typically have overwhelming caseloads making it difficult for each Judge … Continue reading The Benefits of Mediation in Commercial Disputes

U.S. Supreme Court Rules on Religious Accommodation in Employment

Title VII of the Civil Rights Act provides, at §2000e-2(a) that an employer may not take “adverse employment action [refusal to hire or discharge] against any individual… because of such individual’s religion”. “Religion” is defined in the statute as including “all aspects of religious observance and practice as well as belief unless the employer demonstrates … Continue reading U.S. Supreme Court Rules on Religious Accommodation in Employment

What’s Your Status? Social Media Postings May Affect Your Case In Court.

Facebook and MySpace, as well as other social networking sites, are often used by individuals to post status updates, including everything from the most mundane comments or details about their locations to specific play-by-plays about what they are doing at any given moment. People also frequently post photographs on their Facebook or MySpace pages and … Continue reading What’s Your Status? Social Media Postings May Affect Your Case In Court.

Advancing Salary to Employees – No Easy Recourse for Employers if it’s Not Paid Back

Employers often have employees approach them and request an advance of their unearned salary or use of paid vacation time before it accrues.  Employers often deduct the money owed to them from the employee’s paycheck if the employee leaves his/her employment, but is it legal? Under New York Labor Law §193, Employers are only allowed … Continue reading Advancing Salary to Employees – No Easy Recourse for Employers if it’s Not Paid Back