Architectural Columns

Category Archives: NY.

Jingle Bells and Legal Rights: How to Protect Yourself at the Holiday Party

 

Company holiday parties are just around the corner. You might be looking forward to them –for some people, it’s a time to celebrate the year’s achievements, unwind with colleagues, and enjoy some festive merriment. Or you might already be rolling your eyes – it’s bad enough having to work with these people, now you have to socialize with them?! For some employees, company gatherings end up becoming legal nightmares, destroying careers, reputations, and happiness. Here are some tips for safeguarding your rights during the festivities.

Management Is Watching

Surveillance doesn’t stop just because Bing Crosby is singing in the background. Supervisors, HR reps, and cronies are still paying attention, so use your judgment. Anything that is said during the event can (and will) be used as information for later HR investigations. So if you wouldn’t say it during work hours, don’t say it during the party.

Don’t Expect Your Boss To Follow The Rules – But You Still Have To

Word to the wise: supervisors and supervisees are not always held to the same standards. So just because you see the boss getting out of hand doesn’t mean it’s a good idea for you to follow suit. It’s not unheard of for two people to be treated differently for exactly the same conduct – and not all discrimination is legally actionable. Save that raunchy joke for a non-work party, even if the boss just distributed a photocopy of something no one wanted to see. Remember that what might seem harmless to you could be uncomfortable or even taken as inappropriate by someone else.

You have to follow your company’s policies, even if you’re doing it in a reindeer costume. It’s not a bad idea to take a moment to familiarize yourself with codes of conduct, alcohol policies, and harassment guidelines. Give the employee handbook a quick read before the party. It might not put you in a festive mood, but it might save your job.

Monitor Your Alcohol Intake

Please don’t get liquored up and do something dumb. No lawyer can save you if you get violent, sexually harass someone, or barf on the boss’s wife. It may be tempting to indulge, but if you want to keep your job, consider skipping the cocktails. Skip the recreational drugs too, even if they’re legal.

Document Any Unwanted Behaviors

If you experience behavior that feels inappropriate or makes you uncomfortable, trust your instincts. Document what happened, including the date, time, location, and individuals involved. Take that documented record to a workers’ rights attorney the next day. Don’t wait – if there is something legally actionable about the situation, that statute of limitations is unbelievably short.

The holidays are already complicated, and company parties can just make them weirder. If you end up at a holiday party at your workplace, keep your wits about you and your professionalism intact. You’ll thank yourself next Monday.

Insubordination – What It Is, What It Isn’t, And How To Stay Safe At Work

It shouldn’t take a law degree to understand what constitutes “insubordination” at work – but the reality doesn’t always conform to common sense or dictionary definitions. What constitutes insubordination in one context may be protected activity in another. Here are some key points to consider:

 1. Dictionary Definition

Merriam-Webster defines “insubordinate” as “disobedient to authority,” suggesting a clear scenario where an employee refuses to follow a superior’s directive. In practice, however, the boundaries are less clear.

2. Legal Definition (hint: there isn’t an official definition)

Legally, a wide range of behaviors can be classified as “insubordinate,” including tone and body language. If an employee follows orders but acts unprofessionally, they might still be accused of insubordination.

3. When Defying an Order Isn’t Insubordination

Insubordination typically refers to disobeying lawful commands. Employees can sometimes challenge disciplinary actions for insubordination if the refusal to obey involves orders that violate laws, suppress collective action, or constitute safety hazards. Whistleblowing may be protected. Additionally, if an employee raises concerns regarding illegal discrimination or harassment, an accusation of insubordination might not stick.

But it’s important to remember that bad behavior in the workplace – even if it seems amply justified – is still grounds for disciplinary action.

4. Following Orders with Attitude as Insubordination

Displaying a negative attitude while following orders can be viewed as insubordination. Actions like contempt, sarcasm, or disrespect toward a supervisor can be interpreted as defiance. We’ve seen clients get stuck with insubordination charges for behaviors ranging from swearing to rolling their eyes. One client was accused of insubordination when he threw papers onto his own desk in his own office, with his back to the boss.

And it’s not fair: management can be as unreasonable as they want to be, but if an employee is provoked into showing their irritation, the employee gets slapped with a disciplinary action.

 5. When to Consult a Lawyer

Underneath all of this is the reality that management sometimes oversteps its bounds and then tries to blame employees for pushing back. And if this is happening in the context of discrimination, harassment, unsafe working conditions, collective action, or other legally protected situations, it’s time to call a workplace lawyer.

Conclusion

Insubordination in the workplace is not straightforward. Professionalism, attitude, and legal protections play significant roles in how conduct is perceived. Workers are stuck with the burden of understanding these nuances, trying to comply with lawful commands while advocating for their rights. Recognizing circumstances that protect against insubordination claims, especially concerning unsafe conditions, collective action, and discrimination, is essential. Ultimately, staying informed and, when necessary, seeking legal counsel can empower employees to protect their rights while staying professional—even when the workplace is a dumpster fire.

 

AI In The Next Cubicle? What You Can Do About Your Robot Coworker

Like it or not, AI is already in your workplace. Chatbots handle customer inquiries, algorithms analyze big data. It’s in the background of everything from manufacturing to high finance. What’s a worker to do? Here are some issues that you might already be facing, and some action steps to consider.

Issue 1:  Job Displacement and Automation

AI is causing significant job loss, especially in routine and manual jobs. The best way to fight this is through collective action – Unions have been through this before. If you’re concerned:

If you are not in a Union: Join up! Unionize! Organize! Learn about solidarity and use it to strengthen your mutual bond with your coworkers. Get in there and fight like hell for recognition!

If you are in a Union:
  1. Collectively demand the employer identify new and emerging job roles that displaced workers can move into. For example, roles related to AI management, human-AI collaboration, and digital strategy may become increasingly important.

  2. Collectively demand the employer provide courses or workshops that focus on industry trends and emerging technologies that could impact your job. Demand the employer provide training, or help pay for new certifications or degrees.

  3. Advocate for policies that prioritize workforce sustainability and fair labor practices in the deployment of AI technologies.

Issue 2:  Surveillance and Privacy Concerns

Employers use AI to monitor employee activities. While workplace privacy protections have never been particularly robust, AI’s ability to snoop surpasses even that of Whatshisface in Accounting. If you’re concerned:

  1. Familiarize yourself with your employer’s policies on surveillance and data privacy.

  2. Don’t share personal information in workplace communications or on company devices. Avoid discussing personal matters that do not pertain to work.

  3. Use secure and encrypted communication platforms for any personal conversations. Avoid using company email or chat systems for personal matters.

  4. When possible, avoid using personal devices for work purposes. If you must use a personal device, be aware that some companies monitor usage – even on your personal phone.

  5. Talk to a lawyer! Familiarize yourself with local laws regarding workplace surveillance and data privacy. Many jurisdictions have regulations that limit the extent of employer surveillance.

If you’re in a Union:
  1. Discuss concerns regarding surveillance with coworkers. Raise awareness about privacy issues.

  2. Collectively demand information on how AI tools and surveillance technologies are being used in the workplace (e.g., cameras, tracking software). Support collective bargaining for better privacy provisions in workplace contracts.

  3. Collectively demand training on privacy settings available on the employer’s platforms and applications. Configure these settings to enhance your privacy where possible. Demand training on privacy, data security, and responsible use of AI, particularly how to protect your data.

Issue 3: Bias and Discrimination

AI systems perpetuate biases present in training data. This can result in discriminatory hiring practices, performance evaluations, or disciplinary actions, which violate anti-discrimination laws. The lack of transparency around AI decision-making processes makes it even harder to prove discrimination. If you’re concerned:

  1. Know your rights! Familiarize yourself with labor laws and regulations that protect against workplace discrimination. To be able to fight discrimination, you need to be able to identify what it is and what it is not, with or without an AI component.

  2. Keep detailed records of all discriminatory behavior or decisions. This is a good idea even if the conduct is not the product of AI.

  3. Talk to a lawyer! If you face discrimination, consult an attorney who specializes in labor law and discrimination cases in your jurisdiction. They can guide you on how to proceed with complaints and claims.

If you are in a Union:
  1. Collaborate with coworkers to address concerns regarding AI discrimination collectively.

  2. Push for transparency in the AI systems used by employers. Request information on how decisions are made and the data used to train algorithms.

  3. If you suspect that an AI system is biased, advocate for review and adjustment.

Issue 3: Impossible Algorithms

AI and management have a tendency to make equally lousy decisions about workload, performance assessments, and promotions. Not only do these decisions lead to burn-out, they can undermine worker safety. If you’re concerned:

  1. Keep detailed records of how AI influences your work, including the criteria used for performance assessments and any implications on workload, including safety. This documentation can serve as evidence in case of disputes or grievances.

  2. Talk to a lawyer! Particularly if the algorithm appears to have a discriminatory bias and/or results in unsafe working conditions, speak with an attorney who specializes in workplace law in your jurisdiction.

  3. Familiarize yourself with your state’s labor laws and regulations. Don’t just look at anti-discrimination and wage and hour laws; specific industries may have regulatory requirements on safe hours of work and workloads. If you’re not sure, talk to a lawyer.

  4. If your lawyer thinks it’s a good idea, report the issues to relevant authorities, such as labor boards, health and safety agencies, or civil rights organizations, to seek investigation and resolution.

  5. Monitor developments in laws and regulations surrounding AI and labor rights. If you’re not sure, talk to a lawyer.

If you’re in a Union:
  1. Collectively demand clear explanations about the AI systems in use, including how they operate, what data is being collected, and the algorithms applied. Understanding these elements can help ensure that processes are perceived as fair and justifiable.

  2. Collectively advocate for development of clear organizational policies regarding AI use. These policies should address transparency, ethical considerations, safety, and the potential impacts on employment practices, including hiring and promotions.

  3. Engage in regular labor-management discussions about the use of AI tools in decision-making processes. Express your concerns about how these technologies affect safety, workloads, and evaluations. Back up those concerns with your documentation.

A final thought:

Any tool that management uses, workers can use too. Make no mistake, AI is being used to undermine workers’ rights. But workers aren’t powerless. Whether you’re a lone brave voice or working in solidarity with your Union family, you have some options. You may even be able to leverage AI to help protect your rights. (Make it analyze your paystubs and identify discrepancies! Use it to detect systemic discrimination! Get it to gather social media commentary on issues that your coworkers are fed up with, and then organize them to fight those issues!) And talk to a lawyer when you run into something that requires action.

 

Beware the Fine Print: Why Fee-Shifting Provisions in Employment Contracts Can Be a Trap for Workers

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It’s tempting to gloss over the fine print in employment contracts, focusing instead on salary, benefits, and job responsibilities. The job market is competitive, and it’s reassuring to have a contract that seems to provide clarity and protection. However, buried in the fine print of many contracts is a term that can be disastrous for workers—a fee-shifting provision. This seemingly innocuous clause can turn an employee’s hard-fought legal victory in litigation into a financial disaster. Here’s why you should take it seriously.

What is Fee-Shifting?

Fee-shifting provisions are clauses in legal contracts that usually stipulate that the losing party in a dispute must pay for the legal fees of the winning party. At first glance, this may not seem problematic; after all, wouldn’t it deter frivolous lawsuits? But some fee-shifting provisions are one-sided: they only provide for the employer’s fees to be paid, not the employees’. The way some fee-shifting clauses are written in employment contracts, the employee has to pay the employer’s attorneys’ fees – even if they win.

 Why They Can Be Disastrous for Employees

  1. Financial Burden: Even if you win your case, the cost of hiring a qualified attorney can be astronomical. If the court decides against you, not only will you have to pay your own legal fees, but you could also be responsible for your employer’s fees. And if you have a one-sided provision, you may have to pay both sides’ attorneys fees even if you win. This means that victory can come at a steep price.
  2. Chilling Effect on Mobility: If your employment contract includes restrictive covenants, it’s going to be hard to leave that job, even if it’s completely toxic. The question isn’t “is this noncompete enforceable?” The question is “Who has to pay to figure out if it’s enforceable?” If you’ve got a one-sided fee-shifting provision, the answer is YOU.
  3. Pressure to Settle: Knowing that losing a case could incur significant costs, employees may feel pressured to settle disputes early, even if it means accepting less than they deserve. Employers often have more resources to navigate legal situations and may leverage this imbalance against employees who fear potential financial repercussions.
  4. Impact on Mental Health: If you’ve got a contract with restrictive covenants and a one-sided fee-shifting provision, the only way out is to accept financial disaster. If you try to go to another job and the employer sues, you’re on the hook for their fees, even if they lose. This is a recipe for burn-out and mental and physical illness.

Protecting Yourself

While it’s tough to negotiate contract clauses when job offers are on the table, it’s crucial to scrutinize employment contracts thoroughly. Here are steps you can take:

  1. Read Your Contract Carefully: Always scrutinize your employment contract for any fee-shifting provisions. See if you can discern whether it’s one-sided (only the employer’s fees get paid), two-sided (prevailing party pays), or abusive (employee pays attorneys’ fees no matter who wins). If it’s option three, think long and hard about whether you want to work for people who think that’s appropriate.
  2. Seek Legal Advice: Before signing any contract, consult with a qualified employment attorney who can help you understand the terms and their potential implications for your career.
  3. Negotiate: If you discover a one-sided fee-shifting provision, be bold enough to insist that it be made mutual. The best time to discuss contract terms is before you accept an offer.

Conclusion: Protect Your Future

Don’t let hidden pitfalls in your employment contract compromise your career and finances! Make sure to carefully review your agreement, seek legal advice, and understand your rights before you sign on the dotted line. Knowledge is power—equip yourself with the information you need to protect your future.

Don’t let fine print dictate your future. Take charge of your rights today!

 

Tick! Tock! – Know Your Rights Before the Clock Runs Out on Your Workplace Claim!

Introduction

The time limits for filing a complaint on workplace violations are unbelievably short – some as short as 30 days, and some even shorter. If you’re experiencing discrimination, unpaid wages, harassment, or unsafe working conditions, acting promptly is crucial to successfully pursuing your claim.

Why Timeliness Matters

Filing your claim within the specified time limit is crucial. Missing the deadline can result in losing your right to pursue legal action. Plus, the sooner you act, the more evidence you may be able to gather and preserve.

Understanding Statutes of Limitations

Every legal claim you might want to bring against your employer is subject to a statute of limitations. This is the time period within which you must file your claim, which varies based on the type of workplace violation. Here’s a rundown of common claims and their associated time limits – but don’t rely on this. Your timeframe may be much shorter. Always check with a workplace attorney in your jurisdiction to understand your time limits!

  1. Discrimination Claims: Federal discrimination claims under Title VII, the ADA, and the ADEA have super-short deadlines: in many states, there are only 180 days to file a charge of employment discrimination. In some states, this period may extend to 300 days if a state or local fair employment practice agency is involved.

  2. Wage and Hour Claims: The Fair Labor Standards Act (FLSA) allows you to claim unpaid wages within two years (or three years for willful violations). However, state laws can vary widely, so it’s crucial to check local regulations.

  3. Harassment Claims: Similar to discrimination claims, under federal statutes, most employees only get 180 days to file harassment claims. In many cases, it’s advisable to act sooner rather than later, as this can lead to a more favorable resolution.

  4. Occupational Safety Violations: If you believe your workplace violates safety regulations, you usually have up to six months to file a health and safety complaint with the Occupational Safety and Health Administration (OSHA). But retaliation (whistleblower) claims for filing an OSHA complaint are only 30 days.

  5. A Special Note for Government Workers: Suing the government usually means you have to file a Notice of Claim. The deadlines for NOCs vary wildly, but they are all unbelievably short – we’re talking a matter of days. So getting in touch with a workplace lawyer, ASAP, is essential to preserving your claim.

  6. Got a Union Contract?: If you’re in a union, you may have recourse to a grievance procedure. Word to the wise – grievance deadlines are sometimes as short as a couple days. Call your union rep (or file the grievance yourself) as soon as you think there’s a violation.

Steps to Take if You Experience a Workplace Violation

  1. Document Everything: Keep thorough records of your experiences, including dates, times, witnesses, and any communications with your employer regarding the issue. An email to yourself is date-stamped and time-stamped. If you print out the email, you won’t lose it if the employer cuts off your access to the system. Don’t email documents from the employer’s system to your private email – they’ll accuse of you of stealing.

  2. Review Company Policies: Many employers have specific protocols in place for addressing workplace violations. But remember – you don’t get extra time just because you’re trying to follow the policies. Get in touch with a lawyer as soon as you think there’s a violation, and then figure out what the handbook has to say.

  3. Seek Legal Advice: Consulting with an employment attorney about your specific situation is crucial to determining the best course of action and to understanding how much time you have.

Call to Action

Protect your rights by acting swiftly and knowledgeably when you face injustices at work. Don’t wait until it’s too late—familiarize yourself with your rights and the deadlines that may affect you. If you believe you have a claim, contact a reputable workplace lawyer in your jurisdiction. And do it today.

Understanding the Legal Implications of Medical Information in the Workplace

The right to privacy in the workplace is pretty confusing, especially concerning medical information. Understanding the legal landscape surrounding medical information disclosure is key to protecting your confidential information.

What Is Medical Information?

Medical information refers to any data regarding an individual’s health status, medical history, and treatment received. This can include information such as current medications, work limitations, previous illnesses, disabilities, and other health-related details.

Employee Rights Under the Law

In the United States, various laws protect employee medical information, including:

The Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities and mandates that any medical information obtained must be kept confidential. However, this applies mainly after an employer has requested information for specific purposes.

The Family and Medical Leave Act (FMLA): The FMLA allows eligible employees to take leave for certain family and medical reasons while ensuring that all medical information is kept confidential.

Where’s HIPAA, you say? HIPAA only applies to your medical providers, so unless your employer is also your medical provider, you’re not dealing with HIPAA rights in the workplace.

State and Local Laws: There may be laws specific to your jurisdiction that affect an employer’s obligation to keep your information confidential. Always talk to a lawyer if you aren’t sure.

The ADA and FMLA supposedly protect your medical information. But that protection only kicks in when an employer requests information for employment decisions or benefits—not when you offer the information unasked.

When Is Medical Information Not Considered Confidential?

1. Voluntary Disclosure

When you voluntarily disclose medical information to your employer without a request, it can lose its confidentiality status. This is particularly relevant when the disclosure occurs outside of a specific request linked to workplace accommodations or health assessments. Employers may feel free to discuss this information with necessary personnel, believing they have your consent.

2. Workplace Policies and Management Needs

Employers often develop policies guiding how medical information is handled. If workplace policies encourage open communication about health issues or require self-disclosure (e.g., for wellness programs), the expectation of confidentiality can diminish.

3. Need-To-Know

If a worker requests medical leave or an accommodation, the medical information the employer gathers pursuant to that request is supposed to be confidential – but the employer is allowed to disclose the information to supervisors and managers who might be involved in determining the appropriate accommodation or leave. So don’t expect HR to keep your medical information confidential from your supervisor.

What Should You Do?

1. Be Informed

Understand your rights concerning medical information. Read your company’s policy documents regarding health disclosures and privacy. Call a workplace attorney when you’re concerned about disclosing information to your employer. Knowing what is required of you can help you make informed decisions about what medical information to share.

2. Disclose Selectively

Only provide medical information when necessary. If you’re unsure whether to disclose certain health details, call a workplace lawyer in your jurisdiction.

3. Ask Questions

If you are required to provide medical information, ask how it will be used and who will have access to it. Call a workplace lawyer if it seems like the request is overbroad or subject to improper disclosure.

4. Seek Legal Counsel

If you’re concerned about how your medical information is handled, consult with a legal professional specializing in employment law. They can help clarify your rights and suggest ways to protect your information.

Conclusion

Understanding the legal nuances surrounding voluntarily provided medical information is crucial for protecting your privacy and rights as an employee. While laws like the ADA provide a layer of confidentiality, voluntary disclosures can complicate matters. Always talk to a lawyer if you’re concerned about the effect of your medical disclosures.

 

How to Protect Your Legal Rights During a Workplace Investigation: A Guide for Employees

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How to Protect Your Legal Rights During a Workplace Investigation: A Guide for Employees

Navigating a workplace investigation can be one of the most stressful experiences in your professional life. Whether you’ve been accused of inappropriate conduct or are a witness to such accusations, understanding your legal rights is crucial. The following strategies may help safeguard your legal interests during workplace investigations.

Understanding Workplace Investigations

A workplace investigation typically occurs when allegations of misconduct arise, such as harassment, discrimination, or violations of company policy. Even if the allegations are untrue, the process can significantly impact your career and reputation.

1. Know Your Rights

Before responding to a workplace investigation, familiarize yourself with your legal rights. In the U.S., employees are protected under various laws, including:

– **Title VII of the Civil Rights Act**: Prohibits employment discrimination based on race, color, religion, sex, or national origin.
– **The Americans with Disabilities Act (ADA)**: Protects employees with disabilities from discrimination.
– **The Age Discrimination in Employment Act (ADEA)**: Protects employees aged 40 and older from discrimination.
-**State and Local Laws prohibiting discrimination**: Same as the Federal statutes, but sometimes more coverage.
-**If you are a Union member, the terms of your contract**: This includes disciplinary proceedings, grievance machinery, and your right to representation during a workplace interrogation.

Understanding these laws will empower you to advocate for yourself and ensure you are treated fairly during the investigation process.

 2. Document Everything

Maintaining thorough documentation is crucial during a workplace investigation. Keep records of all relevant communications, including:

– Emails and messages related to the investigation
– Meeting notes
– Changes in your work environment (e.g., location, duties, treatment by coworkers)

This documentation can serve as a powerful tool if you need to challenge the investigation’s outcome or if you consider legal action in the future.

3. Seek Legal Counsel

Contact an attorney who specializes in employment law, especially one who has experience representing employees in workplace investigations. An attorney can guide you through the process, explain your rights, and help you prepare a response to any allegations. In some cases they can accompany you to meetings or interviews related to the investigation.

4. Avoid Discussing the Investigation

While it may be tempting to discuss the investigation with coworkers, avoid doing so. Conversations can easily lead to misunderstandings or further complications. Additionally, many companies have policies against discussing ongoing investigations, which could lead to disciplinary action against you.

5. Be Honest and Cooperative

Dishonesty can lead to severe consequences, including termination. However, this does not mean you should disclose any information without first speaking to your attorney. It’s essential to balance cooperation with the protection of your rights.

6. Do Not Retaliate

If you feel wronged during the investigation, avoid any form of retaliation against those involved, as retaliatory behavior could have serious repercussions for your case. Instead, talk to your lawyer about whether there is a way to rectify what happened.

7. Follow Up

After the investigation concludes, follow up to ensure that any actions taken were consistent with company policy and applicable laws. If you believe the outcome was unjust or discriminatory, consult with your attorney about potential next steps, which may include filing a complaint with your State Division of Human Rights, the Equal Employment Opportunity Commission (EEOC), or another agency.

Conclusion

Workplace investigations can be daunting, but knowing how to protect your legal rights can provide peace of mind. By documenting everything, seeking legal counsel, and approaching the investigation with integrity, you can help safeguard your future while navigating this challenging process.

If you find yourself facing a workplace investigation and need legal assistance, don’t hesitate to reach out to our experienced team. We’re here to support you and ensure your rights are protected every step of the way.

Call to Action

Have you experienced a workplace investigation? Contact us for a free consultation to discuss your case and understand how we can help you protect your rights. Your future is too important to leave to chance—let us guide you through this challenging time.

Why Understanding Your Union Contract is Crucial for Your Rights and Benefits

Discover why it's important to read and understand your union contract. Learn how knowing your rights can help you maximize benefits, enhance job satisfaction, and navigate grievance procedures. Contact our expert employment law attorneys for assistance.

Why Understanding Your Union Contract is Crucial for Your Rights and Benefits

As an employee represented by a union, you are entitled to numerous rights and benefits outlined in your collective bargaining agreement (CBA). However, many workers overlook this essential document, leading to misunderstandings and missed opportunities. In this blog post, we’ll explore the importance of reading and understanding your union contract, and how it can safeguard your rights and enhance your job satisfaction.

What is a Union Contract (Collective Bargaining Agreement)?

A collective bargaining agreement (CBA) is a legally binding contract negotiated between your union and your employer. It outlines the terms and conditions of employment, including wages, work hours, benefits, working conditions, and grievance procedures. Understanding this document is vital for ensuring you receive the protections and perks negotiated on your behalf.

1. Know Your Rights

One of the most critical reasons to read your union contract is to gain awareness of your rights as an employee. Your CBA outlines protections against unfair treatment, discrimination, and workplace hazards. By familiarizing yourself with these rights, you can confidently address any issues that arise in your workplace.

2. Maximize Your Benefits

Understanding your union contract also allows you to access the full range of benefits available to you. From health insurance and retirement plans to paid leave and overtime pay, your CBA details your entitlements. Neglecting to read this document might lead you to miss out on benefits that could significantly enhance your quality of life.

3. Navigate Grievance Procedures

If you encounter a problem at work—whether it’s an unfair disciplinary action or a dispute over pay—your collective bargaining agreement will serve as your guide to resolving the issue. It outlines the grievance procedures that you must follow to address misconduct or violations of your rights. Understanding these procedures empowers you to advocate for yourself effectively and ensures that you don’t forfeit your right to appeal.

4. Enhance Job Satisfaction

When you’re informed about the terms of your employment, you can work more confidently and comfortably. Knowing what to expect in terms of wages, work conditions, and job security can reduce workplace anxiety and enhance job satisfaction. If you’re clear about your rights and benefits, you can focus on your work without fear of exploitation.

5. Be an Active Participant in Your Union

Understanding your union contract positions you to be an active and engaged union member. When you know the terms of the CBA, you can participate meaningfully in union meetings and discussions. You’ll be better equipped to voice your opinions on negotiations, suggest improvements, and advocate for your fellow employees.

 6. Be Prepared for Negotiations

As contracts expire and negotiations begin, your understanding of the current CBA will influence your input. Being knowledgeable allows you to lobby for changes that benefit all employees. Engaging in the negotiation process can lead to improved working conditions and benefits for yourself and your colleagues.

Conclusion

In conclusion, reading and understanding your union contract is essential for knowing your rights, maximizing your benefits, and enhancing your overall job satisfaction. Take the time to familiarize yourself with this important document. If you have questions or need further clarification about your collective bargaining agreement, don’t hesitate to reach out to your union representative or an employment law attorney. Empower yourself to make informed decisions and advocate for a better workplace.

Call to Action

If you have concerns about your rights under your union contract or need legal advice, feel free to contact us. Our team of experienced employment law attorneys is here to assist you in understanding your collective bargaining agreement and protecting your rights.

 

Federal Workers: What Now?

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If you are a federal worker, first things first: You’re not crazy. What’s happening is completely bizarro-land.

            Now that we’ve got that clear, what do you do?

The lawyer answer (sorry) is: It Depends. The reality is that tons and tons of these terminations are illegal, but there are different ways they may be illegal.

For example, career civil service workers – even probationary employees – are protected by merit systems principles, which include protection from “arbitrary action, personal favoritism, or coercion for partisan political purposes.” 5 U.S.C. § 2301(b)(8). (That’s a federal statute right there btw, not some loosy-goosy theory about fair treatment. It’s the actual law.) Because of this requirement, there are procedures that agencies have to follow when they are terminating a bunch of people to cut costs, otherwise known as a Reduction In Force or “RIF.” RIFs are governed by a procedure for making sure that terminations are made based on merit system factors, for example, examination of performance ratings and length of service. 5 U.S.C. §3502. Federal employees who are getting RIF’d are supposed to get 60 days’ notice and information about rights to reemployment and career transition assistance before the termination goes into effect.

Additionally, many Federal employees are union members, and as such have additional protections including a statute that requires a union contract to provide grievance procedures. 5 U.S.C. §1721(a)(1). Another source of protection is in the federal civil rights laws prohibiting discrimination, such as Title VII, Rehabilitation Act (prohibiting disability discrimination), and Age Discrimination in Employment Act (ADEA).

            What to do?

OK first, re-read the first sentence of this article. This is legit Wacky-land and you are legit encountering stuff that could have been dreamed up by Salvadore Dali. Or Kafka.

Second, call your union. As of the writing of this article, an AI-assisted search (so take this with a grain of salt) states that there are currently 101 class actions involving federal workers. Your union will know if you’re part of one of these. If you’re not, see if there are other ways your union can help you, such as filing a grievance.

If you’re not union, or if the union can’t help with your particular situation, get hold of a reputable workplace lawyer. For sure it’s expensive. This is your livelihood.

Whatever you do, don’t just assume there’s nothing you can do. There are super-talented, intelligent people fighting for your rights. Make sure they know your situation so they can help you plan your next step.

It’s (Probably) Not Wrongful Termination If You’re Not Terminated.

A promotional image for a new blog post features a man in a suit holding a cardboard box filled with office supplies, including binders, folders, and notebooks. The text overlay reads: 'NEW BLOG POST' in large, bold black letters. Above this, within a speech bubble-like shape, the text says: 'It's (Probably) Not Wrongful Termination If You're Not Terminated.' At the bottom, the website URL www.satterlaw.com/blog is displayed.

 

Employees who feel they are about to be fired for illegal reasons sometimes choose to quit, thinking it will spare them the embarrassment of being terminated. In other cases, employers might try to avoid firing an employee by making the workplace so hostile that the employee feels forced to resign.

What many employees don’t realize is that quitting can cost them the opportunity to file a wrongful termination case against their employer. To pursue a wrongful termination claim, you must prove that you were actually terminated.

In New York State, a wrongful termination claim requires the employee to demonstrate the following:

  1. They are part of a recognized protected class.
  2. They were qualified for the position in question.
  3. They were discharged.
  4. Their discharge occurred under circumstances that suggest the motivation for the termination was prohibited by law.

However, if you voluntarily quit your job, you may lose your ability to pursue a wrongful termination claim. That’s because you can no longer demonstrate that you were discharged, which is a necessary element of the claim. In most cases, if you’re not terminated, you cannot claim wrongful termination.

Additionally, only a small percentage of individuals who quit their jobs will meet the requirements to successfully bring a constructive discharge lawsuit. Proving a constructive discharge case is difficult, and it’s often challenging to demonstrate that the work environment was so intolerable that resignation was the only option.

If you feel that your employer is about to illegally fire you, or if you’re dealing with a hostile work environment, it’s crucial to consult an employment attorney before you make any decision, especially before quitting. Quitting could significantly impact your legal rights.

 

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