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Articles Posted in Public Employees' Rights

Firm Wins of Appeal of Civil Service Disqualification
Famighetti & Weinick

Last month, employment lawyers Famighetti & Weinick PLLC shared a client review in which the client rated the firm five stars and thanked us for helping him “win” his case. We promised to blog about the client’s interesting case and today is the day. Today’s Long Island employment law blog discusses the firm’s successful appeal…

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Firm’s Unusual First Amendment Case to Head to Trial
Famighetti & Weinick

In April 2022, the civil rights law firm Famighetti & Weinick PLLC filed a First Amendment retaliation case on behalf of its client, Devanand Persaud, against the City of New York and individuals employed by the City. The firm regularly handles free speech cases, but this case was unusual. In this case, Persaud alleged that…

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Can Public Employees Unintentionally Convert Their Private Facebook Account Into a Public Forum Subject to the First Amendment?
Famighetti & Weinick

An often misunderstood part of America’s guarantee of “free speech” is that the Constitution (the source of free speech rights), restricts only the government’s ability to regulate speech. Private citizens are not prohibited from restricting speech. For example, a restaurant owner may deny service to a customer who is wearing a political shirt which the…

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Discrimination Case Against Volunteer Fire Department and Ladies Auxiliary to Proceed to Hearing Before Judge
Famighetti & Weinick

In a sex discrimination case filed by New York employment lawyers Famighetti & Weinick PLLC, the New York State Division of Human Rights has issued a determination of Probable Cause. This means a judge will hold a hearing to determine liability and damages. Today’s Long Island employment law blog discusses the case and the decision.…

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Judge Lifts Order Blocking NYC Vaccine Mandate
Famighetti & Weinick

As we predicted when the order issued on September 15, 2021, Justice Laurence Love has lifted an order he issued which would have blocked a New York City Vaccine Mandate from taking effect. Last week, the court issued a temporary restraining order prohibiting a New York City law from taking effect which would have required…

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Judges Block New York Vaccine Mandates
Famighetti & Weinick

On Tuesday September 14, 2021, two judges issued orders blocking vaccine mandate requirements from taking effect in New York. One ruling from a federal judge, blocks a state requirement concerning health care workers and another ruling from a state court judge blocks a New York City requirement concerning city workers. What do these rulings mean…

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Employment Lawyers Ask Supreme Court to Review Due Process Case
Famighetti & Weinick

On April 1, 2021, Long Island employment lawyers Famighetti & Weinick PLLC filed a Petition for Writ of Certiorari with the United States Supreme Court. The Petition asks the court to take up a case concerning the due process rights of public employees. Today’s Long Island employment law blog discusses the case and the petition.…

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FW Wins Arbitration Ruling
Famighetti & Weinick

Long Island employment lawyer Peter Famighetti has won a ruling on a threshold issue concerning an arbitration for a faculty member of Nassau Community College. Famighetti represents a college professor in a dispute related to the professor’s bid to become chairperson of his department. The professor alleged the teachers’ collective bargaining agreement was violated during…

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Firm Wins Special Proceeding – Client Retains Health Insurance Benefits
Famighetti & Weinick

On April 10, 2019, the South Huntington Water District sent a letter to Juliet Irving. The Water District had been providing health insurance benefits to Irving as the surviving enrollee on a deceased employee’s insurance policy. The letter indicated the District would be revoking Irving’s health insurance coverage. Then, Irving hired Long Island employment lawyers…

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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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