Due Process Rights of Federal Employees in Employment Matters: MSPB Basics

Federal employees facing proposed adverse action by a U.S. Government Agency employer retains their due process rights under the U.S. Constitution. The main pertinent rights, in most cases, include the Right to Notice and the Right to a Meaningful Opportunity to Reply. The writer of this article handles cases at

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Whistleblower Protection in New York York: Expansion of Protection for Whistleblowers in New York

In our previous article on whistleblowers in NY we mentioned that “If an employee is fired for reporting a violation of law which creates and presents a specific danger to public health or safety, or is fired for refusing to participate in such an activity, then the employer may be

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Terminating an Employee in NYC: NYC “Just Cause” Dismissal Basics

Two laws expanded protections for fast food workers in New York City were signed into law by New York City Mayor Bill de Blasio on January 5, 2021. The laws must be understood by all employers hiring employees in NY. We suggest consulting with an attorney and creating a HR

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MSPB’s New FAQ on Impact of Lack of Board Members

The Merit System Protection Board (MSPB) recently published on its website a new FAQ on the impact of the lack of MSPB board members. That the MSPB has been operating without a quorum for well over four years has been widely debated, discussed and criticized. There is currently a backlog

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Filing an Appeal to the MSPB

An appeal to the Merit Systems Protection Board (“MSPB”) may be filed at: MSPB. The MSPB has an online filing system that allows an appellant to file the entire appeal online. The MSPB, in short, is an administrative agency tasked with resolving disputes between government agencies and employees of U.S.

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Removal From Federal Government Service: What Should I Do Next?

In many cases, a Notice of Proposed Removal leading to a Removal Notification should be challenged by a federal government employee. A successful challenge can lead to, among other things, reinstatement and monetary damages. We suggest, if you have not, yet, responded to the Notice of Proposed Removal that you

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New New York Laws for 2021

A new year signals a new beginning and sends a message of hope for a lot of us especially when we spent almost the entire year of 2020 in series of lockdowns, quarantines, economic recessions, job losses, and a lot more devastating things as a result of the still ongoing

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Constructive Dismissal Law in New York: NY Labor & Employment Law Basics

Rendering your resignation to your employer does not mean you are precluded from suing the employer. An employer that, for example, has created a hostile work environment may be sued for this treatment and the resignation may be deemed by a court of law, EEOC or the New York State

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Challenges to Succeeding in Business in New York City

Life and work in the Big Apple isn’t all wine and roses for business owners in 2020, however, New York remains, still, one of the more attractive locations for entrepreneurs, business owners and investors looking to build a footprint in the United States. From Lady Liberty to Central Park, there’s

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MSPB, EEOC & Negotiated Grievance Procedures Complaints: Federal Government Employment Law Basics

Hayes & Simon retains lawyers that have experience handling appeals to the Merit System Protection Board (MSPB), grievances under the Negotiated Grievance Procedure and complaints to the Equal Employment Opportunity Commission (EEOC) from our New York and some overseas associated offices. We have handled removals and other punishments of GS

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Free Initial Consultation with a New York Lawyer

Hayes & Simon, an international law firm, is offering a free initial consultation with an attorney in New York. Your legal consultation may be schedule at: Schedule a Call. The call shall be with, in most cases, New York Lawyer Sean Hayes. Hayes & Simon, P.C. Hayes & Simon professionals are internationally

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New York Disability Discrimination Laws: NY Employment Law Basics

When an employer, in New York, makes employment decisions based on a disability and not via criteria appropriate under law, the action of the employer may be considered disability discrimination under federal and New York State Law. New York State and New York City Law provides comprehensive protections for employees

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New York Sexual Harassment Law Basics for New York City & State Employers

The #MeToo movement has motivated the State and City of New York to implement a battery of new sexual harassment laws applicable to all businesses in New York City and New York State.  The new New York laws should motivate employers in New York to update NY employment rules, NY

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New York Age Discrimination Protection Basics

As part of our ongoing series of posts intended to familiarize you with New York and Federal laws you must follow if you are running a business in New York, it is important to understand the way the New York law protects employees from age discrimination. Age discrimination is, in

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Firing an Employee in NY? Exceptions to NY “At Will” Employee Law

If your New York business hires employees in NY, then it is essential that you know what hiring someone as an employee “at will” in New York is and what rights and protections at-will employees are afforded under New York At-Will Employment Law. New York is generally considered an “employment

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New York Non-Compete Agreements

The validity of a non-compete agreement in New York is measured in light of relevant principles and the particular facts and circumstances surrounding your business. Non-compete clauses are commonly found in employment agreements across many industries regardless of size or products / services offered. Non-compete agreements impose restrictions on future

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New York Independent Contractor or Employee? Taxi Union Sues Uber

Lawyers, in New York, representing 5,000 Uber drivers in New York City filed a lawsuit in NY on behalf of 10 of these alleged New York employees in federal court in Manhattan last week accusing the ride-share company of depriving these New York drivers of various employment protections they should

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NY Legal Protection For Employees With Disabilities In New York

As part of our ongoing series of postings bringing awareness to certain laws every New York business owner must know, we bring your attention to laws that protect employees with disabilities. (For other stories in this series, you can read our posts about best practices to avoid age discrimination and

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New York Non-Compete & Confidentiality Agreements

Business in New York can be highly competitive, and relies, in part, upon a business’s ability to protect valuable information disclosed to current and past employees. Many NY companies feel that implementing non-compete agreements and other contractual obligations will encourage employee retention overall and protect information should an employee leave.

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Some Uber Drivers May Be Entitled To Unemployment Benefits

An administrative ruling out of New York state found that, under certain conditions, Uber drivers may be entitled to state unemployment benefits. The NYS Department of Labor (DOL) ruled that two Uber drivers were eligible for weekly jobless benefits. This represents the first time that a state government determined that

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