Monthly Archives: October 2015

Did You “Fire” or “Constructively Discharge”?

Under federal law, a “constructive discharge” occurs when the employer deliberately makes working conditions so intolerable that a reasonable person in the employee’s position will feel compelled to resign. Intolerable can be a sliding scale when it comes to environment. If an employee quits because of a petty change in the job duties, or because […]

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Legislative Limitations on Employers Use of Credit Information of Employees and Applicants in New York City

On September 3, 2015, the “Stop Credit Discrimination in Employment Act” went into effect. The law permits employers to only request and consider the consumer credit history information of applicants and employees in certain, limited circumstances, as well as in response to any lawful subpoena, court order or law enforcement investigation. The purpose of the […]

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Warning: Commission Plans Must be in Writing

Many companies employ commissioned sales persons, who are employed in inside or outside sales positions and whose compensation is wholly or partially based upon earned commissions.  In New York State, such employees must be provided with a written commission agreement signed by the parties. The agreement must set forth, among other things (1) the calculation […]

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