Archive of Retaliation

No Need to Create a New Position as a Reasonable Accommodation Under New York Law

on Nov 28 in Discrimination, Reasonable Accomodation, Retaliation tagged , , , , by Anthony Rao

In Timmel v. West Valley Nuclear Services Company, the Western District of New York held that neither the ADA nor the New York State Human Rights Law require a company performing nuclear remediation services to create a new position as a reasonable accommodation, and an Arbitrator’s decisions concerning termination and demotion are entitled to deference.  [...]

New York Wage Theft Prevention Act FAQs

on Mar 14 in Class/Collective Action, Policies, Retaliation, Wage/Hour tagged , by Anthony Rao

Frequently Asked Questions: 1.         Where can I find the Act?: CHAPTER 564, S. 8380, LABOR LAW-WAGE THEFT PREVENTION ACT, Approved December 10, 2010. 2.         Is the effective date April 9 or 12, 2011?: April 9, 2011.  3.         What statutes were amended?: New York Labor Law §§ 2, 195, 196, 196-a, 197, 198, 198-a, 199-a, 215, [...]

Motion to Dismiss Granted: Pro Se Whistleblower and Defamation Claims

on Feb 11 in Retaliation, Wrongful Termination tagged , , by Anthony Rao

In Margaret R. Burnett v. Trinity Institution Homer Perkins Center, Inc., 1:10-cv-81(GLS/DRH), the Northern District of New York dismissed a pro se plaintiff’s whistleblower claim alleging she was terminated after reporting to the Human Resources Manager that the Director abused a company gas credit card.  Plaintiff alleged the Director “admitted” that Plaintiff was terminated for reporting [...]

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