Tag Archives: syracuse

Looking For Love In All The Wrong Places: What Employees Should Know About Dating Coworkers

March 27th, 2025 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, New York, Syracuse, Workplace Rights |

Tags: #LoveContract, #OfficeRelationships, #WorkerRights, #WorkplaceRomance, syracuse, workplacelawyer

Nothing is quite as fraught as workplace romance. Quite apart from whatever euphoria the participants may experience, the situation can cause a lot of tension, headache, rumors, and tears—not only for the participants, but also for onlookers, clients, friends, and even the boss. Nothing makes a workplace lawyer cringe like a potential client saying, “Well, we started seeing each other on the side…” Here are some things that every worker should know:

First A Word About Sexual Harassment:

If someone is pressuring you to be in a relationship at work, that is called sexual harassment, and you don’t have to put up with it. Report that s*** to HR (via email!), use the words “sexual harassment,” and call a lawyer.

Superiors Dating Subordinates:

When a superior dates a subordinate, it automatically appears that someone is taking advantage of someone else. Even if the participants think it’s totally consensual, there’s no way to separate the imbalance of power from that relationship. Imbalance of power usually means sexual harassment.

Additionally, it raises concerns about favoritism. Now, favoritism isn’t, in and of itself, illegal, but it can start to get illegal-adjacent if someone is getting special treatment for reasons other than their merit. It definitely gets the favorer and the favor-ee disliked by coworkers.

Superiors who date subordinates are especially vulnerable to charges of sexual harassment. No matter how caring and wonderful they think they are being, that power dynamic is a real problem. Word to the wise: by the time it gets to a lawyer, jobs and careers have already been destroyed.

If you ask a workplace lawyer, the lawyer is probably going to say: Don’t date subordinates. Also, don’t date supervisors.

Coworkers Dating Coworkers:

If it’s two people of the same rank dating each other, the questions still come up: How consensual is it? Is someone just acquiescing to try to keep the peace? If they break up, does everyone have to choose sides? If they break up, is someone going to accuse the other one of harassment?

Before getting into a relationship with a coworker, think about this: If this goes south, someone is probably getting fired. It might be both of you.

If you ask a workplace lawyer, the lawyer is probably going to say: Don’t date coworkers.

TMI:

Workplaces are serious rumor mills. No matter how discrete the participants believe they are, there’s always some Nosey Parker who would rather dig around in someone else’s business than do their own job. Whether the couple is spotted getting lunch together or someone just senses some chemistry, the rumors will fly.

Once the rumors are going, they will not stop. Telling Nosey not to gossip is like telling fire not to burn. Those rumors are going to spread, and they are going to damage reputations. PS., those damaged reputations are not the legal goldmine you might have seen on TV. There’s no statute (at least not one that we’ve run into) saying it’s illegal to say dreadful things about your coworkers, at least not in the absence of some more concrete harm.

Some employees feel they have a duty to report workplace romances. There’s no legal duty to do so (unless someone is underage and you’re a mandated reporter). There might be an ethical duty if you’re some kind of fiduciary and the romance is harming stakeholders. There might be a workplace policy that says you’re required to report, which means if you don’t report, you could be accused of insubordination. If you’re struggling with whether to report, it’s worth a conversation with an attorney.

If you ask a workplace lawyer, the lawyer is probably going to say: Don’t gossip. Don’t report until you’ve got good legal advice.

Workplace Policies:

There may very well be a section of the employee handbook that tells you not to date your coworkers. It may say that you have to disclose your own dating, or that if you detect someone else’s dating you have to disclose it for them.

The policy is not the law, but it is the law of that particular workplace. In other words, as an employee, you don’t have much ability to enforce the handbook (although there are times when the handbook can be useful evidence). But if you violate a workplace policy, it may give the employer an excuse to discipline or terminate you.

If you ask a workplace lawyer, the lawyer is probably going to say: Get good legal advice to determine how to handle that workplace policy.

“Love Contracts”

Some employers have tried out so-called “Love Contracts.” These are documents signed by the participants stating that the relationship is consensual, acknowledging prohibitions on sexual harassment and retaliation, requiring the individuals to behave professionally, avoid favoritism, requiring the individuals to report harassment or retaliation if the relationship ends, requiring the individuals to report the end of the relationship to HR, prohibiting the participants from using the company’s property inappropriately… and on and on.

If your employer presents you with one of these, RUN, DON’T WALK to the nearest workers’ rights attorney and get it reviewed. DON’T SIGN IT without having an attorney look at it. You do NOT want to sign away your precious rights as an employee just so you can date some cutie down the hall, no matter how cute they are.

If you ask a workplace lawyer, the lawyer is probably going to say: What the heck is a Love Contract? Let me see that thing!

Whoops:

OK, so you ignored everyone’s advice and got involved with a coworker. What do you do? Lawyer answer: it depends. But seriously, have a look at any employee handbooks or policies floating around. These will help you understand the employer’s expectations. Also, thinking about what you’d do if the worst happened and you got fired. Update your resume. Start working your network. Do it now while your reputation is still intact.

If you really think you need to disclose the relationship, or if you think someone is about to disclose it for you, or if the whole thing has already blown up in your face – you guessed it. Put this in the hands of a reputable workplace attorney, and buckle up for a wild ride.

If you bring it to this firm, we promise not to say we told you so.

DIVERSITY, EQUITY, and INCLUSION are Not Dirty Words and They’re Not Going Away

February 11th, 2025 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, Equity & Inclusion, NY., Workplace Rights |

Tags: #AskAWorkersRightsAttorney, DEI, discrimination, Diversity, DiversityEquityInclusion, employment attorney near me, Equity, Inclusion, syracuse, workersrights, workplacelawyer

Even before Inauguration Day 2025, corporations cravenly started rolling back their Diversity, Equity, and Inclusion[1] initiatives. Then the new administration came in swinging, implementing executive orders to eliminate “illegal” Diversity, Equity, and Inclusion measures.[2] Now the new Attorney General has issued a memorandum instructing the DOJ to investigate, prosecute, and penalize “illegal” Diversity, Equity, and Inclusion programs in the private sector.

Guidance for employers, so far, is hilariously terrible: the last sentence in all the articles is: “talk to your lawyer.” Because no one knows what these orders mean. The people writing the articles don’t know. Corp counsel doesn’t know. Not even the attorneys making up these orders know.

We don’t know either, but we can tell you one thing: As of today, February 11, 2025, Diversity, Equity, and Inclusion are not “illegal.” They are statutory. There are federal statutes that prohibit employment discrimination on the basis of race, color, creed, national origin, sex, age, and disability. There are state statutes that prohibit other types of discrimination, for example, in New York, it is illegal to discriminate on the basis of marital status.[3]

What does this mean for workers? Well, it’s going to be harder to access opportunities. Programs aimed at leveling the playing field are now being dismantled. These programs weren’t perfect, but they were helping move folks into positions that would otherwise go to privileged, wealthy twerps.

Here’s the deal: you can still fight back. It is still illegal (as of February 11, 2025) for an employer to make a decision about your employment based on your race, color, creed, national origin, sex, age, or disability. In the State of New York, it’s also illegal for employers to discriminate on the basis of military status, familial status, marital status, status as a victim of domestic violence, arrest record, and citizenship and immigration status.[4]

Which means you can still sue their pants off if you can show they’re discriminating. And if they just rolled back a whole promotion program that was designed to help you advance on the basis of your qualifications rather than your golfing relationship with the boss, and the promotion you were after goes to a wealthy, privileged twerp, a really good way to show the corporation that discrimination is still illegal is to get a good employment lawyer to give them the message.

Diversity. Equity. Inclusion.

None of those is a bad word. Lawyer up, and let’s go.

_______________________

[1] In this article, we’re going to spell out Diversity, Equity, and Inclusion every time we mention it because we want to make it clear: people who oppose DEI are opposing Diversity, Equity, and Inclusion. Seriously, businesses, which one of those words is an issue for you?

[2] For example, federal agencies’ Diversity, Equity, and Inclusion initiatives and Lyndon B. Johnson’s 1965 Executive Order 11246, which built anti-discrimination policies into federal contracts.

[3] Talk to an employment lawyer in your jurisdiction to find out what additional protections might be in effect in your area.

[4] Seriously, talk to an employment lawyer in your jurisdiction to see if there are non-federal protections for you in your geographical location.

Got a “Return To The Office” letter? Here’s what you need to know.

February 6th, 2025 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, New York, Remote Work, Syracuse, Workplace Rights |

Tags: #AskAWorkersRightsAttorney, #attorneynearme, #EmploymentandLaborAttorneyNearMe, #NewYorkState, #NewYorkStateLaborLaws, #SyracuseNY, employment law firm, Reasonable Accommodations, syracuse, workers rights lawyer near me

In January, federal agencies were directed to require employees to return to in-person work. The feds are the latest in a series of employers to mandate their employees return to the office. Return-to-office mandates are being used as “quiet layoffs” – meaning, anyone who doesn’t return to work in-person gets fired. What does this mean for employees? Read on.

Medical Accommodations

If you are working remotely due to a medical accommodation, lawyer up. Well, first of all, document up. Dig out all the emails and documents from when you first went through the process of requesting and being granted your accommodation. You are going to need those to prove that you are still entitled to the accommodation, notwithstanding the current mania for in-person work.

The Americans with Disabilities Act (“ADA”) and, federally, the Rehabilitation Act, require employers to provide “reasonable accommodations” to workers who can perform the essential functions of their jobs if they are accommodated. Be prepared to show that you have been performing your essential functions just fine without being in the office. Technically, you shouldn’t have to do this, but Employers will try it anyway. If someone gives you a hard time, you should consult with an attorney. Go ahead and gather up your evidence just in case.

Intermittent FMLA Leave

Like a medical accommodation, intermittent Family And Medical Leave Act (“FMLA”) Leave is something that you shouldn’t have to fight for – but be prepared to fight. Dig out your FMLA paperwork and have it ready to scan to HR.

Employment Contracts

If you are one of the few lucky people with an employment contract, check the contract. If it’s in writing that you are a remote worker, and someone tries to make you return to the office, get ready to enforce your contract. Take the contract to an employment lawyer who knows what they’re doing and make sure you understand what the contract requires. If you have a Union, check out the Collective Bargaining Agreement and talk to your Union Rep. Do this before you go storming into the HR office.

Don’t Have Any Of The Above?

Unless there’s some statutory or contractual restriction, employers pretty much have the right to control and direct their workforce, and there’s not a lot of legal leverage for the average employee. But there may be steps you can take.

For example, the federal guidance carves out “other compelling reason[s] certified by the agency head and the employee’s supervisor.” You might be able to negotiate a compelling reason (for instance, is there even an extra desk at agency headquarters?) with your boss and your boss’s boss. Never mastered the art of negotiating? A reputable workplace attorney may have some strategies to help you navigate that conversation.

If you have a legit medical accommodation and your doctor is telling you to stay remote, get it documented and get in that accommodation request ASAP. Word to the wise: Employers are going to be mighty suspicious of anyone who suddenly needs an accommodation now that they’re being ordered to return to the office. Get yourself a good employment law attorney who can help guide you through the process.

Conclusion

The deck is stacked against workers who want to continue teleworking, but there are a couple strategies that might help. If you are determined to stay remote, talk to a reputable workplace lawyer in your jurisdiction, and get ready to fight.

Avoiding the Legal Snare: The Perils of Training Repayment Agreement Provisions (TRAPs)

August 13th, 2024 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, New York, Non-Compete Agreements, Syracuse, Workplace Rights |

Tags: #attorneynearme, #EmployeeRights, #EmploymentAndLaborLaws, #LaborAndEmployment, #Lawyer, #NewYorkState, #NewYorkStateLaborLaws, #SyracuseNY, Ask A Worker's Rights Attorney!, employment attorney near me, labor attorney near me, non-compete, syracuse, workplacerights

Employers are increasingly using Training Repayment Agreement Provisions (TRAPs) to replace other restrictive covenants such as noncompetes and nonsoliciation agreements. But TRAPs can be even more restrictive—and more exploitative—than noncompetes. In this article, we’ll explain what a TRAP is and how to avoid getting caught in one.

What is a TRAP?

TRAPs, also known as Training Repayment Agreement Provisions, are contractual terms that employees sign when they are hired. While the wording may vary, a TRAP requires an employee to work for a certain period of time. If the employee separates from service prior to that timeframe (whether they quit or are fired), the employee has to pay back the employer’s training costs, the costs of buying or renting equipment, or the costs of replacing the employee. Sometimes those fees are prorated depending on how long the employee has worked.

How TRAPs Hurt Employees

TRAPs can be very misleading. Often they don’t state how much the employee will have to pay back, or they don’t disclose interest accrual rates or other information a person would usually be entitled to when entering an agreement that might affect their credit. Sometimes the “training” that an employee is expected to pay for is just the orientation or legally-required videos. Sometimes the fees for such “training” are outrageous – we’ve seen TRAP fees ranging anywhere from $5,000 to $50,000. Some TRAPs accrue interest so fast there is no way an employee will ever repay it. And TRAPs usually don’t provide any exceptions in situations where, the employee quits for reasons beyond their control – like sexual harassment, disability, or lousy working conditions.

A TRAP can reduce an employee’s pay below minimum wage. It can destroy an employee’s credit. Worse, employers use TRAPs as a threat: don’t leave this job or we’ll sue you, destroy your credit, report you to immigration, and make it so you can never find another job. There’s a word for this, and it was outlawed by the 13^th Amendment to the United States Constitution. 😡 😡 😡

How To Spot A TRAP

TRAPs are often hidden in piles of onboarding paperwork, so employees might not even realize they’ve signed one. They are commonly used in nursing, trucking, and service industries, but we’ve also seen them in child care and professional contexts.

The only way to know if your employer is trying to get you to sign a TRAP is to read everything before signing. This can be difficult. People get trapped into TRAPs because they are so desperate for a job that they’ll sign anything. But that’s the trap. Employers may be counting on you to sign because you just need the money, and they may pressure you to sign by acting like the job won’t be there if you take your time.

What To Do When You See A TRAP

GET LEGAL ADVICE. TRAPs are illegal in some, but by no means all, jurisdictions—there’s no way to know without consulting an employment law attorney in your area. Legal or not, if someone is pressuring you to sign a document without having an attorney review it, that’s a sign you probably shouldn’t be signing the document. No job is worth your freedom.

New York Warehouse Workers: Know Your Rights!

September 1st, 2023 by Sarah Ruhlen

Posted in Workplace Rights |

Tags: #WorkplaceSafety, employment law firm, syracuse, workers rights attorney near me, workersrights, workplacelawyer

A line-drawing of a forklift. Text: Warehouse Worker Protections? Yes, New York's got them. satterlaw.com/blog

On June 19, Governor Kathy Hochul announced that legislation protecting warehouse workers from unreasonably demanding work quotas is now in effect. New York’s Warehouse Worker Protection Act (WWPA) requires employers to disclose work speed quotas, and protects employees from quotas that don’t include time for rest periods, bathroom breaks, and meals. The WWPA applies to employees at warehouses with more than 100 employees, or employees who work for employers who employ 500 or more employees at multiple warehouses.

Employers are required to provide a written description of quotas when workers are hired, as well as within two business days of a change in quota. It is illegal for employers to retaliate against employees for requesting quota information or filing a complaint. Workers can report violations to the New York State Department of Labor. There are also civil remedies available; individuals should speak with a reputable workplace attorney to determine how to pursue their rights.

If you work in a warehouse and you have questions about the WWPA, it’s a good idea to speak with your union representative or a New York lawyer.

Understanding the New York State Employment Relations Act (SERA) and Your Right to Organize

August 16th, 2023 by Sarah Ruhlen

Posted in Workplace Rights |

Tags: #UnionRights, syracuse, workersrights, workplacelawyer, workplacerights

This is a guest post by our summer Peggy Browning Fellow, Jorge Salles Díaz. Jorge joined us from Vanderbilt University Law School.

As workers, it’s important to understand our rights and protections when it comes to organizing and forming unions. While the National Labor Relations Act (NLRA) provides federal protection for private sector employees, there are many exceptions. In New York, the New York State Employment Relations Act (SERA) fills in some of these gaps. Let’s take a closer look at what SERA means for workers’ rights in New York.

Who is Covered by SERA:

Under the NLRA, employees are protected if their employer meets a certain monetary threshold. However, in New York, SERA extends protection to many employees whose employer does not meet the interstate commerce threshold set by the NLRA. This means that, even if a New York employer does not meet the monetary threshold, its employees may still have the right to organize and form a union under SERA.

Protecting Agricultural Employees:

One notable difference between the NLRA and SERA is the protection of agricultural employees. While the NLRA excludes them from its coverage, SERA extends protection to agricultural employees in New York.

Domestic Employees and Independent Contractors:

Unfortunately, neither the NLRA nor SERA provides specific protection for domestic employees. This means that individuals working in private households, such as nannies or housekeepers, may not have the same rights to organize and form unions. Likewise, neither the NLRA nor SERA protect independent contractors.[1]

Differences in Labor Organization Rights:

The NLRA includes a section that outlines unfair labor practices by labor organizations, prohibiting activities such as establishing closed shops and engaging in secondary boycotts. However, SERA does not have a provision addressing unfair labor practices by labor organizations.

Conclusion:

Understanding the New York State Employment Relations Act (SERA) is crucial for workers in New York who are interested in organizing and forming unions. While the NLRA excludes many workers from federal protection, SERA fills in some of the gaps and extends coverage to employees who may not be protected under the federal law. New York workers may have the ability to organize and advocate for fair workplace treatment even if they are not covered by the NLRA. If you’re wondering whether SERA applies to your workplace, getting good advice from a reputable labor law attorney is essential.

[1] On a practical level, it’s essential to understand that employers sometimes misclassify employees as independent contractors to avoid providing benefits and protections. If you suspect that you may have been misclassified, it is advisable to consult with an employment lawyer in your jurisdiction.

My employer is trashing me! What are my rights?

July 10th, 2023 by Sarah Ruhlen

Posted in Workplace Rights |

Tags: defamation, syracuse, workplacelawyer, workplacerights

A sad face and a bullhorn. Text: "Help! My boss is trashing me!" satterlaw.com/blog

Bosses sometimes say terrible things about workers. And those statements can have consequences for an employee’s livelihood.

Warning! A real defamation claim is much more nuanced and complicated than any blog, TikTok, or Instagram post can convey. Defamation is a common law claim which varies from state to state. Make sure you speak with a reputable workplace attorney in your jurisdiction about your specific situation.

To be truly defamatory, a statement must be 1) false, 2) published, 3) intentional, and 4) cause monetary damage.

In order to be defamatory a statement has to be a falsehood. So, if the boss is telling people that you are constantly late, and you are in fact constantly late, that’s not defamation. On the other hand, if you can prove that the statements about your tardiness are false, that is one element of defamation.

In addition to being a falsehood, the statement has to be “publicized” which means the employer has to share the false comment with someone else. If the false comment occurs during a phone conversation or in a meeting, unless you have witnesses who are willing to back you up, you might have a hard time proving it. But if the employer writes it down and then sends it to other people, then it might be easier to prove publication.

Intent means the employer meant, or recklessly disregarded the possibility, that the statement would be false. This is a tough element, as no one can crawl into the boss’s head to understand what they were actually thinking. But if there’s some plausible indication that there was a malicious motive behind the statement, that might help with the “intent” element.

Finally, you have to show monetary harm, which means showing a causal connection between your inability to get another job and the employer’s comments. This is the hardest element, as employers may have multiple reasons for not hiring particular person—which may or may not include false statements made by the prior employer. Sometimes employees hire private investigators to find out what former employers are saying during reference calls. That information, while expensive, can establish a causal connection.

Employers have several defenses to a charge of defamation. For example, most statements made during evaluations, employee counseling, grievance proceedings, and disciplinary proceedings are privileged, meaning even if they are false, the employer is allowed to make them. Additionally, statements made during legal proceedings are absolutely privileged. Moreover, opinions are not defamatory, so if the boss precedes the false comment with the words “in my opinion” then it’s going to be harder to prove defamation. And if you consent to the employer making a statement, then the employer is allowed to make the statement without being accused of defamation.

If you go through the above analysis and decide you want to try to pursue a claim, the next step is to go to an attorney. It’s important to make sure you feel comfortable with the attorney and understand, up front, the amount of time and money you might be required to spend to pursue the matter. The attorney will help you determine how strong the claim is, what kind of damages you might be looking at, and what options you have.

When the boss is truly besmirching your name, it’s worth the fee to speak with a reputable workplace attorney in your state.

So, my manager just called me into the office…

March 6th, 2023 by Sarah Ruhlen

Posted in Uncategorized |

Tags: #UnionRights, #UnionStrong, #Weingarten, labor attorney near me, syracuse, workers rights lawyer near me

Ever wonder what your rights are when you get the dreaded call to appear at a meeting with your manager or someone from the human resources department? The answer is…well, it depends, so read on!

If you are a union member, you have the right to union representation during an “investigatory interview” if you reasonably believe the meeting might lead to discipline. These are your Weingarten rights, named after a U.S. Supreme Court decision that created this protection for union members. Employers violate a union member’s Weingarten rights if they proceed with an investigatory interview while refusing to honor the member’s request for union representation.

Most any meeting may be an “investigatory interview” that triggers Weingarten rights, provided the following occurs:

A manager, representative of management, or supervisor wants to question an employee;
The questioning requires the member to defend, explain, or admit misconduct or work performance issues, including absenteeism and tardiness;
The employee reasonably believes that the investigation may result in discharge, discipline, demotion, or other adverse consequence to their job status or working conditions; AND
The employee requests a union representative.

Not every meeting triggers Weingarten rights, and it can be tricky to determine if the meeting checks all the boxes to amount to an “investigatory interview.” If you are a union member, it is a good idea to ask for union representation. If you are denied union representation, keep track of everything that happens during the meeting and, as soon as the meeting is over, write detailed notes of everything that happened and contact your union representative and share what happened.

As of this writing (March 6, 2023), Weingarten rights only apply to union employees, but that has changed in the past, and whenever the presidential administration changes, there is a chance that the scope of Weingarten rights may change. For example, the NLRB recently held that strike replacement employees are entitled to Weingarten protections.

So, definitely speak with a lawyer to find out if you have Weingarten rights today. Meanwhile, the benefit of Weingarten rights is one of many reasons to remain #UnionStrong!

Salary History is History in New York

October 5th, 2022 by Sarah Ruhlen

Posted in Workplace Rights |

Tags: jobapplication, salaryhistory, syracuse, workersrights, workplacelawyer

Google “salary history” and you’ll see that nobody loves the question: “What were you making in your previous position?” The good news is that a question about salary history is history in New York State. At the beginning of 2020, New York State Labor Law was amended to prohibit employers from asking the question.

Specifically, employers in New York State may not ask in any manner, during a job interview or otherwise, (viz., in writing, face-to-face, or through an agent) any information about previous compensation and benefits. If the job applicant or employee voluntarily offers the information, the employer is prohibited from relying on that information to determine whether to offer the job or what salary to offer. Current employees who are up for promotion are also protected from the salary history question, although a current employer is allowed to rely on information already in its possession.

Additionally, applicants are encouraged to contact the New York State Department of Labor’s Division of Labor Standards if they believe they have been retaliated against for refusing to provide salary history information in response to a request for it. (From a practical standpoint, if you want the job, it’s wise to have a tactful response ready for salary history inquiries. There are lots of articles online with ideas about how to navigate that situation.)

If you’re faced with a salary history conundrum, speak to an attorney in your jurisdiction to ensure you get the most up-to-date and relevant information.

There are a lot of things to be nervous about in a job application, but in the State of New York, the Salary History Question is not one of them.