People often say you should know your rights in order to protect them. But the fact that there are perhaps dozens of laws that apply to each person's unique situation means that not everyone can be an expert on the law. This leads to a lot of questions, some which...
Wrongful Termination
Does pointing a gun at a worker mean you’re fired? pt.2
by Kessler Matura P.C. | May 11, 2015 | Wrongful Termination
Last time, we were looking at a recent case from the Second Circuit that involved a security guard who had filed a claim for unpaid wages and retaliation under the Fair Labor Standards Act (FLSA). A lower court had allowed is unpaid wage claim, but dismissed his...
Does pointing a gun at a worker mean you’re fired? pt.1
by Kessler Matura P.C. | May 8, 2015 | Wrongful Termination
The Fair Labor Standards Act (FLSA) governs much of the employment rights of workers in the U.S. As the name implies, the FLSA sets many standards for employers, including wage and hour laws. To ensure these laws can be enforced, the FLSA has anti-retaliation...
What are punitive damages? Pt. 2
by Kessler Matura P.C. | Mar 27, 2015 | Wrongful Termination
He also asked the jury for punitive damages. Before the jury deliberated on that question, the Diocese settled the case for $4 million. The forewoman of the jury commented to the press that they should have let the jury decide the issue, as the jury would not have...
What are punitive damages? Pt. 1
by Kessler Matura P.C. | Mar 26, 2015 | Wrongful Termination
While damage awards court cases often receive headlines, they are often misunderstood, sometimes even by those how participate in the trial itself. In American legal cases, there are typically two forms of damages paid for an injury.Compensatory damages are designed...
When a job injury becomes a wrongful termination
by Kessler Matura P.C. | Mar 10, 2015 | Wrongful Termination
The facts of a wrongful termination cases often begin as something else. A case involving a former police officer begins with the officer suffering an injury while on duty. He dutifully filed a claim for workers' compensation benefits. He eventually returned to work,...
Employer retaliation easier to prove under New York law
by Kessler Matura P.C. | Oct 15, 2014 | Wrongful Termination
To win a case under Title VII, a ruling by the U.S. Supreme Court suggests that an employee would have to prove that employer retaliation was the sole reason for termination. If an employer claimed there were other reasons for the termination, the employee would lose...
CUNY former employee alleges multiple counts of discrimination
by Kessler Matura P.C. | Sep 13, 2014 | Wrongful Termination
A City University of New York employee is claiming that he was fired by the College of Staten Island because of his gender, age and ethnicity. The 63-year-old Russian man had coached and directed the university's swim team since 1995, and during his tenure, he was...
Reinstated New York teacher to receive higher salary
by Kessler Matura P.C. | Aug 21, 2014 | Wrongful Termination
A 52-year-old New York man who was fired from his teaching job in 2009 has just been awarded additional money toward his salary that will raise him to the level he would have been at had he not been unlawfully terminated. Both the district in which he taught and its...
McDonald’s workers claim they were fired for union activities
by Kessler Matura P.C. | Jul 24, 2014 | Wrongful Termination
McDonald's locations in New York are being accused of terminating multiple employees for allegedly being involved in union activity by a worker group. The National Labor Relations Board is now investigating whether the employees were fired for an illegal reason,...
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