Articles Posted in Wrongful Termination

“Probable Cause” Obtained in Age/Disability Discrimination Case
Famighetti & Weinick

At the beginning of the COVID-19 pandemic, Long Island employment lawyers Famighetti & Weinick PLLC published information on our website warning that the financial impact of the pandemic could be used by employers to conduct unlawful discriminatory layoffs. Indeed, the firm has seen this scenario play out. On June 7, 2021, the New York State…

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New York City Requires Just Cause to Terminate Fast Food Workers
Famighetti & Weinick

New York State is generally considered an at-will employment state. Employment at-will means that employers can fire employees for any reason or no reason at all, unless the termination would be a violation of law. Examples of violations of law include unlawful discrimination or retaliation. Other exceptions to at-will employment in New York include circumstances…

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Resign or Face Termination: An Adverse Action?
Famighetti & Weinick

Resign or you will be fired. This ultimatum is often posed to employees. Employees in this position have to weigh many considerations, including the effect of the black mark of a termination, potentially waiving certain rights by resigning, and other effects to employment benefits based on how the separation from employment is categorized. Sometimes, the…

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SCOTUS Sides with Employee in Firefighter Age Discrimination Case
Famighetti & Weinick

Are firefighters of small municipal fire departments covered by the Age Discrimination in Employment Act (ADEA)? On November 6, 2018, the United States Supreme Court answered that question the case Mount Lemmon Fire District v. John Guido. Today’s Long Island employment law blog takes a closer look at the decision and also discusses whether the…

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Damages in an Employment Discrimination Lawsuit
Famighetti & Weinick

How much is an employment discrimination lawsuit worth? As Long Island employment lawyers, this is a frequent question we hear from victims of unlawful workplace discrimination in New York. Victims of discrimination may be able to recover several categories of damages which comprise the total amount that an employment discrimination lawsuit may be worth. Today’s…

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Can I be fired for what I do outside of work?
Famighetti & Weinick

Can an employer fire an employee for activities in which the employee engages outside of work? Like most legal questions, the answer is that it depends. Today’s Long Island employment law blog discusses whether New York employees are protected for engaging in activities outside of work. Generally speaking, New York employees are considered at-will, meaning…

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“Drumbeat of Retaliation” Case Decided
Famighetti & Weinick

Retaliation in the workplace is illegal. The law protects employees who speak up when they believe the employer discriminated against them because of a protected characteristic such as race, gender, age, disability, religion, or national origin. Employers cannot try to “get back” at the employee by negatively affecting his or her job such as by…

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