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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 |

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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.

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

February 18th, 2025 by Sarah Ruhlen

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

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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.

 

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 |

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Graphic promoting a new blog post. The main visual element features the acronym "DEI" representing Diversity, Equity, and Inclusion, with each letter enclosed in a hexagon. Below each letter are corresponding icons: a globe with people for Diversity, a group of gender-diverse figures for Equity, and a collaborative group for Inclusion. The text at the bottom reads: "DIVERSITY, EQUITY, AND INCLUSION are Not Dirty Words and They're Not Going Away". The website 'www.satterlaw.com/blog' is displayed on the left side.

 

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.

Federal “White Collar” Overtime Exemption is Getting A Raise!

June 26th, 2024 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Workplace Rights |

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Heads up: the Federal “White Collar” overtime exemption is getting a raise. Specifically, the salary threshold above which an employee no longer qualifies for overtime will go up on July 1, 2024 to $844/week ($43,888 annually). On January 1, 2025, the threshold will rise again to $1,128/week ($58,656 annually). The new rule contemplates automatic increases to the salary threshold every three years.

The salary threshold is one test for determining whether employees are “exempt” from overtime rules (which actually means the employer is exempt from having to pay overtime). To be considered exempt, employees must meet the salary threshold, be paid on a salary basis (which means the amount of pay is predetermined and not subject to deductions if the employee is ready, willing, and able to work), and perform duties consistent with being a bona fide executive, administrative, professional, or outside sales person.

Currently the threshold is at $684/week ($35,568 annually) which cuts out a lot of employees who are making more than minimum wage, but not much more. The July increase won’t have much effect on executives and administrative workers in New York, whose salary threshold is already over $1000/week ($1,124.20 for upstaters, $1,200.00 downstate). But New York professional employees may see a difference.

Expect legal challenges to this rule. And always talk to a workplace rights lawyer in your jurisdiction before making any decisions or claims.

Speaking Up On Behalf Of Your Coworkers

October 9th, 2023 by Sarah Ruhlen

Posted in Advocating for Coworkers, Ask A Worker's Rights Attorney!, Workplace Rights |

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Your employer probably does not welcome your advocating for your colleagues. Whether your advocacy is protected or not depends on what you are discussing, how you say it, and how many other employees it involves.

This is an area of law that flip-flops every few years, so make sure you speak to a reputable workplace attorney!!!

A recent decision by the National Labor Relations Board has expanded the protections for your workplace discussions. It’s complicated, but you may have the right to talk with other employees or the boss about things like workplace safety, your wages, the schedule, or other terms and conditions of employment for the purposes of “mutual aid and protection.” “Mutual aid and protection” is one of those legal phrases that has a special meaning, so you’ll definitely need to speak with a lawyer to know whether a particular comment is protected. Generally speaking, if your comment to coworkers is intended to initiate or prepare for group action, or to bring group complaints to management’s attention, it may be protected.

Discussions that only involve your individual circumstances are not protected.  And not every remark made in a group setting is protected. And even if your remark turns out to be protected, it may take months or years of litigation to ascertain that it was protected – during which time you are probably going to be looking for a job.

That said, Section 7 of the National Labor Relations Act gives many private-sector workers a federally-protected right to engage in protected concerted activity for the purposes of mutual aid and protection, and they don’t have to be in a union to exercise that right.

If your boss is on your case for a remark you made about a concern shared by your coworkers, talk to a workers’ rights attorney. It may turn out you have some protection.

 

 

New York Warehouse Workers: Know Your Rights!

September 1st, 2023 by Sarah Ruhlen

Posted in Workplace Rights |

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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 |

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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.

  1. 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.

  1. 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.

  1. 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]

  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: , , ,

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.

  1. 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.
  1. 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.
  1. 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.
  1. 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.

Meet Tashakee!

November 15th, 2022 by Sarah Ruhlen

Posted in Uncategorized |

Tags: , , , ,

Tashakee sitting in front of law books

Tashakee Ledgister is interning with Satter Ruhlen Law Firm this semester through her Political Science Internship Course at Syracuse University, taught by Political Science Professor and Campbell Public Affairs Institute Director Grant Reeher.

Tashakee migrated to the US from Jamaica at the age of 13.  She has lived in NYC and Long Island, and attended high school in Manhattan.  She is now a Junior at SU, majoring in Political Science and Political Philosophy, with a minor in Public Policy.  Tashakee is a Network for Teaching Entrepreneurship Scholar, and a recipient of the Our Time Has Come and Invest in Success scholarships.  She is a South Campus Community Ambassador and a peer mentor for Dimensions and Orange Success.  In her free time, Tashakee is a member of the Caribbean Students Association and is part of the Kalabash Dance Troup, which performs at local SU games and engages in community service projects.  Recent projects include raising over $2000 for underserved families, and running a supply drive for women affected by the NYCHA fire in Harlem. Tashakee plans to go to law school when she graduates.

Tashakee wanted to intern at Satter Ruhlen Law Firm because, while she had worked on political campaigns and interned in a big law firm, she wanted to learn more about working in a small firm. “When I started working at Satter Law, I didn’t know that I was interested in labor law.  It wasn’t an area that I knew anything about previously, but I find it fascinating.” In fact, Tashakee wrote her midterm paper on how her interested in labor law has developed over the semester.  “One of my favorite activities at Satter Law has been sitting in on client consultations.  It has taught me a lot about putting people at their ease when they are under stress and facing emotional situations that drive them to seek legal help.”

We are impressed with Tashakee’s experience on political campaigns and working with underserved populations.  Tashakee is terrific to work with – she’s curious, engaged, and committed to defending workers’ rights.  Also, she’s a ton of fun!  Thanks for joining us, Tashakee!

 

Vote on Nov. 8! Paid Voting Leave in NY!

October 27th, 2022 by Sarah Ruhlen

Posted in Workplace Rights |

Tags: , , , ,

Voting Box

If you are a New York Worker, you may be entitled to paid voting leave on November 8.  In New York, if you don’t have four consecutive hours while the polls are open, then you are entitled to up to 2 hours of paid leave to go vote.

Polls are open from 6:00 am to 9:00 pm. Here’s how it works:

  1. If your shift begins before 10:00 am and ends after 5:00 pm, you don’t have four consecutive hours to get to the polls. That means you are entitled to up to two hours of paid leave to vote.
  2. You must give your employer 2-10 working days’ notice of your intention to take paid time off. “Working day” means a day that your employer is open for business.  Don’t give fewer than 2 day’s notice, and don’t give more than 10.
  3. The employer is allowed to require that voting leave must occur at the beginning or end of your shift.
  4. Your employer may not require you to use earned leave (such as vacation, PTO, etc.) as your voting leave.

Please note:  If your shift begins after 10:00 am or ends before 5:00 pm, then you have four consecutive hours in which to get to the polls, and you are not entitled to paid voting leave. 

The New York State Board of Elections has a handy FAQ available for details.  If you feel that your employer is violating this law, you can contact the New York State Division of Labor Standards (888-4-NSYDOL) or the New York State Attorney General’s Office Labor Bureau (212-416-8700).

Still have questions about New York paid voting leave? Contact a workplace attorney near you!

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