An employee who was discharged, threatened, penalized, or in any other manner discriminated or retaliated against because such employee used any legally protected absence pursuant to federal, local, or state law will soon be able to bring a lawsuit against their employer now that S1958A has passed both the NYS Assembly & Senate. 

In fact, such an employee will have 2 years after the violation to sue and recover lost compensation and damages, liquidated damages of up to $20,000, costs and reasonable attorneys' fees. Plus, the Court can order rehiring or reinstatement and restoration of seniority. Alternatively, in lieu of reinstatement, an award of front pay can be awarded.

Employers better learn and provide legal days off ASAP.

 

Attention Victims of Child Sexual Abuse: You have an opportunity for the next year to seek damages for physical and emotional injuries regardless how long ago the abuse took place.

The Child Victims Act, which went into effect this week, allows any victims of child sexual abuse in New York State to file a civil lawsuit against their abuser or a negligent institution within the next year.

Following the one year period, any victim can file a lawsuit against their abuser or a negligent institution until their 55th birthday (the age limitation was previously 23 years old).

The rationale behind the law is that victims of child sex abuse should not be penalized for not timely disclosing what occurred because of shame or fear.