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Workplace Bullying and The Healthy Workplace Bill

August 27th, 2012 by Carol Farrar | 1 Comment | Filed in Civil Rights, Employment Law

Statistics show that workplace bullying affects 1 in 6 American workers.  Despite such startling statistics, there is presently no law on the books which protects employees from an abusive work environment.  Yet, there may be hope!  Since 2006, a New York grassroots organization, New York Healthy Workplace Advocates, has been lobbying New York Congress to pass the “Healthy Workplace Bill.”  The Bill can be read in its entirety at http://nyhwa.org/bill.html.

What is the Healthy Workplace Bill or “HWB”?  (more…)

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Battle to Retain our First Amendment Rights

May 16th, 2012 by Steven Cohen | No Comments | Filed in Civil Rights

Watch Steve on WGRZ Channel 2 talking about this topic.

A battle now rages in our own United States District Court for the Western District of New York to defend the precious right to free speech that is once again being attacked. It is in the context of religious expression, also protected by the First Amendment to the United States Constitution. Take Notice: The case of Owen v. City of Buffalo is nothing less than a test of strength of the guarantee to the people that we may speak freely and responsibly without fear of arrest.

Mr. Owen is a God fearing Christian who feels so strongly about the immortality of the soul that he feels compelled to spread the Gospel. There’s nothing dangerous about that. Owen took his faith, his message and a stack of flyers to the Italian Festival last summer to peacefully distribute them to whoever cared to take one. He was with one like minded friend in a public venue, walking with the flow of pedestrian traffic, peacefully offering his views as expressed on the flyer. (more…)

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Termination? Discrimination? What’s An Employee to do?

March 13th, 2012 by Carol Farrar | No Comments | Filed in Civil Rights

New York does not recognize an action for wrongful termination. It is an employee-at-will state, meaning that your employer can fire you for any reason or no reason, and you can quit your job for any reason or no reason. You may, however, have a claim against your employer if, for example, you have a written Employment Agreement, or your employer has an Employee Handbook which specifically addresses termination procedures and your employer did not follow those procedures, or you are protected by a union under a Collective Bargaining Agreement, or your civil rights have been violated.

In the case of a Collective Bargaining Agreement, you may first be required to exhaust all of the procedures set forth in the Collective Bargaining Agreement for termination before you file a lawsuit against your employer. Similarly, if your employer violates a constitutionally protected right by discriminating against you on the basis of age, race, sex, disability, etc., there are administrative remedies that must be exhausted before you may pursue a claim against your employer. (more…)

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New York State Gun Law Poses Threat of Arrest for Visitors

January 23rd, 2012 by HoganWillig | No Comments | Filed in Civil Rights

Following a former U.S. Marine’s arrest for attempting to security-check his pistol while visiting the Empire State Building, light has been cast upon one of the Nation’s toughest gun-control laws. The Marine’s weapon was licensed in his home state of Indiana; however, New York State’s gun law fails to recognize out-of-state permits. The law prohibits (more…)

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