Wrongful termination is a serious issue that can have significant consequences for employees who have been unfairly dismissed from their jobs. If you believe that you have been wrongfully terminated, it's important to understand what types of situations can give rise to a case for wrongful termination.There are two main...
Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts
Wednesday, March 15, 2023
Friday, August 06, 2021
As of October 1, 2021, Homeowners Associations will no longer be permitted to blanketly block unit owners from installing solar panels in their full discretion. A new NYS law, S2997, prohibits restrictions with "unreasonable limitations" on solar installation, including:Inhibiting solar from functioning at maximum...
Monday, December 28, 2020
28
Dec
Back on October 11, 2019, the NYS Human Rights Law was modified with a new standard for actionable employment sex discrimination. The new standard was intended to align NYS more closely with the NYC Human Rights Law. The new standard is that conduct that exceeds "petty slights or trivial inconveniences" is actionable. As...
Wednesday, November 11, 2020
Effective November 10, 2020, NYS strengthened its laws against lawsuits that are brought and intended to chill free speech, called Strategic Lawsuits Against Public Participation ("SLAPP suits"). NYS' prior anti-SLAPP / free speech law had been limited to protecting speech concerning "controversies over a public application...
Friday, October 30, 2020
On October 29, 2020, the NYC City Council approved a new law that requires the Department of Social Services to provide a letter to applicants about their rights to be free from source of income discrimination. This is yet another reminder that landlords and brokers need to understand that source of income discrimination...
Wednesday, October 14, 2020
14
Oct
On October 14, 2020, the EEOC issued a final rule, 29 CFR 1601 & 1626, for charges of employment discrimination. The key to this rule is to clarify that just because EEOC makes a "no cause" determination, that doesn't mean there is no discrimination and a victim can still hire an attorney and pursue a private...
Friday, October 09, 2020
09
Oct
According to the EEOC, they pay $174,000 and attorneys' fees on cases that go to trial are between $195,000-$279,000.You should get your training to prevent discrimination at your workplace today - sexualharassmenttrainingny.com or call 646.216.8...
09
Oct
According to the EEOC, they pay $45,466 to settle cases in conciliation before lawsuit (it only goes up from ther...
On October 9, 2020, the EEOC submitted a proposed rule in the Federal Register to change the conciliation procedures in an employment discrimination lawsuit. Basically, a conciliation is a required mediation of the discrimination case undertaken after EEOC finds reasonable cause for a charge, but before a lawsuit...
Thursday, August 06, 2020
The Appellate Division recently reminded us how the courts make a boundary line dispute determination in the case of Old Timers Rod & Gun Club, Inc. v. Wa-A-We Rod and gun Club, Inc. with the following quote:Where such discrepancies exist in property descriptions, ‘the rules of construction require that resort be had...
06
Aug
I want it; I want it; I want it is not a good enough argument said the Appellate Division in Irma Straus Realty Corp. v. Old Republic National Title Insurance Company. Underlying the demand for action was a dispute between neighbors over use of a common stairwell. Plaintiff sued their insurer demanding that the title...
Tuesday, July 21, 2020
21
Jul
The moratorium on foreclosures expires on August 20th (EO 202.28) and a foreclosure tsunami is coming.
According to CNBC, "32% of U.S. households missed their July housing payments" based on a survey by Apartment List, which also advises that 17% of "homeowners [are] concerned about foreclosure."
To prepare for the tsunami,...
Friday, July 17, 2020
17
Jul
The NYS Appellate Division recently clarified that "[t]he fact that the security vouchers are a guarantee of payment, rather than a cash payment, does not render them not 'income,' as they are an item of value, worth a payment of up to one month's rent on the tenant's behalf to compensate for unpaid rent or damages to...
Monday, January 20, 2020
20
Jan
On this week's episode of Eye on Real Estate, January 18, 2020, we were asked about suing a cooperative board for refusing a sale by creating an absolute floor price, which unit owners had to obtain in order to sell units to third-party purchasers.
Initially, we discussed the business judgment rule, which generally...
