Tuesday, April 23, 2019

F Bombs and Employment Law

Can I really be fired for cursing at work?


Some years ago, I had a federal case of age, color, race, and gender discrimination in New York.
At her deposition, my client testified, under oath, that she told her boss, “Go fuck yourself” and then was fired shortly thereafter.

The now deceased federal Judge dismissed the case on Defendants’ summary judgment motion. His honor found, generally, that, when you tell your boss to go fuck himself, you no longer have a viable discrimination/retaliation claim for the jury to decide.

If you’re suffering from discrimination at work, it is important that you reach out to an employment lawyer immediately before you allow it to get so intolerable that you wind up doing something regretful like cursing out your boss.

That is to say, you can be legitimately terminated for hurling f bombs at your boss.
If you or someone you know is suffering at work, contact The Law Office of David H. Rosenberg, P.C.
Problems at work are no problem for us.

Visit www.employeelawnewyork.com for more information


Friday, April 12, 2019

The Case of the Wife Controlling Husband


The Case of the Wife Controlling Husband

Recently, a gentleman called and said that his wife had just been terminated after being sexually harassed for years. I then asked to speak to his wife and he asked, “Why?” I explained that his wife, not him, would be the only person to pursue these claims, and that I would need to speak with her directly over the phone first. 
Image result for sexual harassment at work


He refused and replied, “That’s a first”. I asked slyly, “A first meaning your wife doesn’t use the phone?” He then said “I’m done with you” and hung up the phone. Image result for hang up the phone


Plaintiff’s employment lawyers like myself represent the employee, not the employee’s wife controlling husband. Furthermore, the attorney client privilege only attaches itself to communications with the client. That’s why I must speak with the employee, and the employee only, alone. 

For a free legal consultation to see whether or not you have a plaintiff’s employment case, contact The Law Office of David H. Rosenberg P.C. at (516) 741-0300 or visit us online at www.employeelawnewyork.com 

Problems at work are no problem for us.

___________________________________________________________________


The Law Office of David H. Rosenberg P.C. are top New York sexual harassment, discrimination, retaliation, and #metoo lawyers dedicated to providing high quality representation to employees suffering from a hostile work environment. If you or someone you know has been wrongfully terminated, contact The Law Office of David H. Rosenberg P.C. to discuss your options as it pertains to the wrongful termination or potential wrongful termination. Our office is open 24 hours a day, 7 days a week. Employees need to be careful about law firms who boast about their "attorneys" and "associates". This is an indication that the law firm has a high overhead that may render them unable to assist you by fronting costs. These large plaintiff law firms often have figureheads who never actually go to court or do any real legal work. More so, a large law firm is an indication that you will be working with some young, inexperienced "associate" or "attorney" and not the actual "partner". Unlike other law firms, you will no be pawned off on some associate. We do not do that to our clients. Instead, Mr. Rosenberg will represent you, personally. Also, be careful of law firms that show you they practice several different areas of law. Employment law has become highly specialized and requires a law firm to focus solely on that area only. The Law Office of David H. Rosenberg P.C. focuses on employment law exclusively. We are not a "general practice". Instead, we are an employment law firm only. We cover all aspects of employment law including discrimination on account of gender, pregnancy, age, disability, national origin, religion, color, race, sexual orientation, gender identity, as well as retaliation for complaining about discrimination and labor law violations such as minimum wage, maximum wage, and overtime claims. Suffering from discrimination? Retaliation? Unlawful termination? We understand the importance of your job and the implications of being fired or demoted for the wrong reason. If you were fired illegally, you may be able to sue your former employer for monetary compensation to cover your damages and to protect others from similar discrimination and retaliation. At our free consultations, we will tell you your rights and determine if your firing was legal or illegal. Contact The Law Office of David H. Rosenberg P.C. at (516) 741-0300 and online at www.employeelawnewyork.com We are top New York Employment Attorneys who protect employee rights to work in a hostile free environment. For more information:

1. Please visit https://www.employeelawnewyork.com/th... to read our New York Employment Lawyer blog 2. Please visit https://soundcloud.com/user-557822744... listen to our New York Employment Lawyer podcast

3. Please visit https://www.youtube.com/watch?v=fImXQomTqzY&t=21s to view our New York Employment Lawyer video.
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Thursday, March 21, 2019

The Mysterious Case of The Cheese Loving Boss

Warm greetings and salutations to all of my employee readers, viewers, listeners, and friends. My name is David H. Rosenberg and I am a top New York employment lawyer whose practice has a strong focus on sexual harassment, discrimination, and retaliation. Today we are going to discuss, "The Mysterious Case of The Cheese Loving Boss". Image result for cheese

I recently had a new potential call me and ask if he had a case. This older gentleman felt he was being pushed out of his job because of age. He had just been fired and was seeking legal advice. As one of Long Island's top age discrimination lawyers, I listened carefully to him explain why he believed he was terminated for being over the age of 40. He told me that he had just learned that someone younger, approximately 30 years of age, had been hired to replace him on the job after 20 years of faithful service.
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I then asked, "What was the reason they gave you for termination?" He said, "Well, they told me it was because of my Facebook post." I asked, "What did you post?" He replied, "I heard that my co-worker had been promoted to supervisor." I then asked, "And?" He said, "So I posted that he was a cheese-eating rat bastard."  
Image result for cheese eating rat

Folks: It doesn't take an employment lawyer to know that you can be fired for publicly posting that your boss is a "cheese-eating rat bastard." While this new potential had a case of age discrimination for me to prosecute and possibly settle for a high financial amount, he absolutely destroyed his claim by publicly ridiculing and shaming his new boss. 

I know that things at work can get heated. I know that it is hard for employees working in a hostile work environment. Try to remember that there are people out there, like myself, to help you. Don't lose your head, keep cool, and have a warm heart.

Fore more information on this topic:

1. Please visit https://www.employeelawnewyork.com/the-mysterious-case-of-the-cheese-loving-boss  to read our New York Employment Lawyer Blog

2. Please visit https://soundcloud.com/user-557822744/facebook-posts-and-employment-law-can-i-be-fired-for-posting-on-facebook to listen to our New York Employment Lawyer Podcast

3. Please visit https://youtu.be/hULTfRew0Bg to view our New York Employment Lawyer Video. 

If you or someone you know is suffering at work, please contact The Law Office of David H. Rosenberg, P.C. (516) 741-0300, www.employeelawnewyork.com

Problems at work are no problem for us. 



Friday, September 15, 2017

Help! I hate my boss, what do I do? 3 easy steps to deal with workplace harassment.



As an employment lawyer, I am frequently asked this question: "Help, I hate my boss, what do I do?" Having a bad boss is not at all uncommon. Dealing with it may seem difficult at first. Use these 3 steps to help guide you back to happiness and normalcy.
  1. Reflect on why you feel this way. Something that was either done or said to you over the course of months, maybe even years, made you "hate your boss". What was that something? Were you inappropriately touched or was it primarily comment-based? If you are having problems understanding what was done or said that has made you feel this way, then you may need to get in touch with yourself. I recommend seeing a mental health care professional and reading self-help books, such as "The Secret" by Rhonda Byrne, or listening to self-help podcasts, such as "Law of Attraction Secrets" by Robert Zink. Seeking help is not a sign of weakness; rather, it is a sign of strength. Only people strong enough to admit they need help will ever receive it. 
  2. Write down all the things that were said and done to you. Your memory will most likely not improve with time. While it is still fresh in your head, click open Microsoft Word, create a document, and start typing. For all statements, use quotes. Use dates. Be specific. Who said what specifically to who on which dates? Were you inappropriately touched? If yes, where specifically on your body were you touched by who on which dates? Did it cause pain and, if so, did you see a doctor? What about unfair actions? Did you receive an unfair performance evaluation? If so, save a copy of the evaluation and write specifically how it was unfair. Include all dates of your complaints to Human Resources or any other Company representatives. 
  3. Speak with an expert Employment Lawyer. Not all employees suffering from a hostile work environment are entitled to relief. Not all lawyers practice Employment Law and know what they are doing when it comes to wrongful treatment of employees. Be careful around attorneys who proclaim to have a General Practice or say that they handle all types of matters. Employment Law, like many other areas of practice, has become so specialized that attorneys who practice it successfully mostly do so on an exclusive basis. With that said, Employment Law is what we do. The Law Office of David H. Rosenberg, P.C. will provide you with a free and confidential case review. Please call (516) 741-0300 or visit us at www.employeelawny.com for more information. Problems at work are no problem for us.

Saturday, June 10, 2017

Have you ever had to deal with narcissists who seek to psychologically manipulate the people in their lives into believing that that they are better than everyone else? Brilliant article by James Cole Abrams about Madoff and narcissistic people who seek to control the personal relationships in their lives, through shaming and other psychologically manipulative techniques, rather than just simply engage them. The article discusses how truly insecure narcissists are and that at some point during childhood they became detached emotionally. The article further opines that narcissists do not emotionally develop past the age of detachment.

https://www.google.com/amp/observer.com/2017/06/pop-psych-bernie-madoff-wizard-of-lies-and-the-power-of-corrective-experience/amp/

Thursday, December 22, 2016

Workplace Bullying: We're Not Gonna Take It! (How should employees deal ...



One of the most common questions I am asked is, "I am being harassed at work, what do I do?" Here are the five things to do and, ironically, the first thing you start with is the word stop. First, stop and take notice of yourself. You are an employee. You are the proverbial gasoline in the car. You make the company go. You are important. Do not let anyone make you feel as if you are not important because you are. Second, tell your harasser to stop. Please stop are two very powerful words when put together. Please stop bothering me. Please stop harassing me. Please stop treating me poorly. Make it known that the way you are being poorly treated will not be tolerated. Stand up for yourself and say stop. Third, I want you to stop. Do a timeout and write down everything that was said or done to you. Be specific. Who specifically said or did what specifically to who specifically on which dates specifically in front of which witnesses specifically? Write it down. Fourth, stop and complain to the appropriate person or department if there is one. If there is a human resources department, report it to them now and document it. Put it in writing and the 'it' is who specifically said or did what specifically to who specifically. Be specific and concise. Do not write more than is needed. Fifth, stop and contact The Law Office of David H. Rosenberg, P.C. You can call us, email us, either way works because we are here to help you with your problem. We love to help employees. It is what we do. Call us. It is a free conversation. Your problem is not just going to go away. Stop right now and visit us at www.employeelawny.com. Problems at work are no problem for us.




5 Steps to Help You Deal With Workplace Harassment

By: David H. Rosenberg, Esq.

One of the most common questions I am asked is, "I am being harassed at work, what do I do?" Here are the five things to do and, ironically, the first thing you start with is the word stop



First, stop and take notice of yourself. You are an employee. You are the proverbial gasoline in the car. You make the company go. You are important. Do not let anyone make you feel as if you are not important because you are.  

Second, tell your harasser to stop. Please stop are two very powerful words when put together. Please stop bothering me. Please stop harassing me. Please stop treating me poorly. Make it known that the way you are being poorly treated will not be tolerated. Stand up for yourself and say stop. 

Third, I want you to stop. Do a timeout and write down everything that was said or done to you. Be specific. Who specifically said or did what specifically to who specifically on which dates specifically in front of which witnesses specifically? Write it down.   

Fourth, stop and complain to the appropriate person or department if there is one. If there is a human resources department, report it to them now and document it. Put it in writing and the 'it' is who specifically said or did what specifically to who specifically. Be specific and concise. Do not write more than is needed. 

Fifth, stop and contact The Law Office of David H. Rosenberg, P.C. You can call us, email us, either way works because we are here to help you with your problem. We love to help employees. It is what we do. Call us. It is a free conversation.  

Your problem is not just going to go away. Stop right now and visit us at www.employeelawny.com. Problems at work are no problem for us.