Blog

“I’m Pregnant! What do I do about work?”

Congratulations! If you’re reading this blog, chances are you have found out that you are pregnant. Or, maybe you are the partner of someone who is pregnant. Being pregnant and expecting a child is one of life’s greatest blessings. However, becoming pregnant may also create worries about job security, plans for work, benefits, and other items. For many working women, becoming pregnant can come as a surprise. While life’s greatest blessing may come at an unexpected time in one’s life, you must know what you can do to prepare to leave a job. Here is a checklist as to what you should do when you find out you’re expecting:

 

  1. Determine if your job falls under FMLA eligibility. According to the Family and Medical Leave Act, one qualifies for pregnancy leave if (1) they have been employed with the company for 12 months, (2) the employee has worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave, and (3) the employer employs 50 or more employees.
  2. If you then discover that you are eligible under FMLA (or under company or a state-policy) inform, preferably in writing, Human Resources that you are expecting, along with your due date and any additional information required by the company.
  3. If it turns out that you are suffering from morning sickness or are required to stay home due to a pregnancy-related side-effect, perhaps consider informing Human Resources a little earlier that you are pregnant, rather than waiting to announce it due to superstition, so you can create a plan of action to continue working.
  4. Schedule time with Human Resources and your manager to discuss transitioning from work to leave, how your projects will be split, who will take over your responsibilities when you return to work, and what you will be working on when you return from leave.
  5. Schedule several meetings with Human Resources and your Benefits Specialist to ensure you know everything about your benefits policy.

 

If you have an employment issue, give the Law Office of Andrew Ross Sack a call. Andrew Ross Sack is a New York and New Jersey employment lawyer who has considerable experience in handling the many aspects of labor and employment law. To schedule a consultation with New York City/Long Island/Westchester employment lawyer Andrew Ross Sack, call (516) 526-3319.

Rethink Resigning

Countless times clients have come to me dissatisfied and unhappy with their current jobs. They feel that the grass is greener on the other side. They may even be experiencing perceived problems at the office and can’t take it anymore. However, the best thing one can do when their inner voice is telling them to quit is NOT TO QUIT.

 

Resigning from a position could be a catastrophic move for many reasons. First, by resigning, you may forfeit your ability to collect additional paid-for-employer medical benefits. If you are not working, paid medical coverage usually ceases as soon as you walk out the door.  One must assess if this is something you cannot afford to live without.

 

Another reason why you should not resign is that by quitting, you usually forfeit any opportunity to collect unemployment insurance benefits (unless you had a good reason for quitting, which is often difficult to prove). Unemployment insurance benefits are crucial for any worker and helps them land on their feet as they attempt to find a new job.

 

Additionally, if you resign from a job you risk having a gap on your résumé limiting your chances of obtaining future employment. Having a time-gap in employment deters recruiters and job-fillers from selecting you.

 

Resigning from a job also puts you at a serious disadvantage when negotiating severance. If one leaves their job voluntarily, there is no requirement for the employer to give them money. Although an employer is not required by law to give severance to any employee unless stated in a signed contract or offer letter (or unless it is offered after a termination) this is not the case when one resigns from a job, so understand the consequences of your decision before doing so.

 

While there may be some instances in which resigning may be appropriate, leaving a job with no backup plan in most cases will not only hurt you, but be problematic regarding near-term earnings and severance compensation and might make you unattractive in the workforce.

 

If you are thinking of leaving your job, or you have been terminated, give the Law Offices of Andrew Ross Sack a call. Andrew Ross Sack is a New York and New Jersey employment lawyer who has considerable experience in handling the many aspects of labor and employment law. To schedule a consultation with New York City/Long Island/Westchester employment lawyer Andrew Ross Sack, call (516) 526-3319.

New DOL Rule Requires Greater Financial Disclosure from Unions

The United States Department of Labor (DOL) has issued a new rule requiring labor unions to disclose more information about how union-controlled trusts allocate their money. The new rule, titled “Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization Is Interested,” will affect any union with annual revenues exceeding $250,000, and will require in-depth disclosure of the trust’s expenses and investments. The goal of the new rule, according to the DOL, is to meet the requirements of the Labor-Management Reporting and Disclosure Act. Continue reading “New DOL Rule Requires Greater Financial Disclosure from Unions”

EEOC Settles Disability Discrimination Claim Against Hitachi

The Equal Employment Opportunity Commission (EEOC) has agreed to settle a lawsuit against Hitachi Automotive Systems Americas, Inc., which alleged Hitachi discriminated against an employee. Hitachi has agreed to pay $85,000 in compensation along with other relief to settle the suit, which claimed that Hitachi failed to adequately accommodate the employee’s disability, and illegally rescinded an offer of permanent employment. The suit shows the EEOC is serious about enforcing anti-discrimination law and will come down hard on employers who refuse to accommodate disabled employees. Continue reading “EEOC Settles Disability Discrimination Claim Against Hitachi”

Inability to Do Specific Job Not Substantial Impairment Under ADA

The Second Circuit Court of Appeals has ruled that a medical condition related to the working environment surrounding a specific job is not considered a substantial impairment on the employee’s ability to work. The case was brought by an employee who claimed he suffered discrimination under the Americans with Disabilities Act (ADA) after he was fired due to poor job performance. The court agreed with the defendant that the inability to perform a single, specific job is not the same as having a substantial impairment on the ability to work entirely. Continue reading “Inability to Do Specific Job Not Substantial Impairment Under ADA”

EEOC Sues Jefferson City Hotel for Sexual Harassment

The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against the owners of a hotel in Jefferson City, MO for permitting a male room inspector to allegedly harass a female housekeeper. The suit alleges the inspector repeatedly made offensive sexual comments towards the housekeeper, and continuously made unwanted physical contact with her. The suit was brought because the owners of the hotel were apparently aware of the conduct but made no efforts to stop it. Continue reading “EEOC Sues Jefferson City Hotel for Sexual Harassment”

What is a Mandatory Arbitration Clause?

An increasingly common, but controversial, aspect of employment contracts is known as the mandatory arbitration clause (also known as a forced arbitration clause). These aspects of employment law are poorly understood outside of legal circles. But what exactly is a mandatory arbitration clause and what makes it so controversial? Continue reading “What is a Mandatory Arbitration Clause?”

Five Common OSHA Violations

The Occupational Safety and Health Act of 1970 established the Occupational Safety and Health Administration (OSHA), which is dedicated to protecting workers from unsafe conditions on the job. However, despite OSHA’s rules, many employers get caught every year with unsafe conditions on their job sites. Here are some of the most common OSHA violations found in workplaces across the United States: Continue reading “Five Common OSHA Violations”

What is a Non-Compete Clause?

Employees may encounter “non-compete clauses” in their employment contracts. Often, they don’t even think about the problems before signing contracts containing such onerous clauses and bind themselves with devastating consequences. But what is a non-compete clause, and how could it help, or hurt, your employment? Continue reading “What is a Non-Compete Clause?”

Seven Ways to Tell You’re the Victim of Discrimination

Employment discrimination is sometimes blatant, involving someone shouting slurs or making openly derogatory remarks. However, many forms of discrimination are much more subtle, and you may not realize it’s happening. Here are a few common warning signs to remember if you are being denied a promotion, raise, bonus, or other job benefits back because of your race, religion, nationality, sex, sexual preference or gender identity. Continue reading “Seven Ways to Tell You’re the Victim of Discrimination”