Directory Practice Areas
- Education Law
- Employment Law
Additional Practice Areas
- Age Discrimination
- Pregnancy Discrimination
- Racial Slurs and Hostile Work Environment
- Sexual Harassment
- Testing Accommodations
- Contingent Fees
- Free Consultation
- follow instructions on website www.joshuafriedmanesq.com
Jurisdictions Admitted to Practice
|Columbia Law School||J.D.||Law|
|Columbia University||Graduate Studies in Economics|
|Honors: Parker Prize in Economics|
|Member, National Association of Employment Lawyers|
|Member, National Employment Lawyers Association, New York Chapter|
- Overall: 208th
- Overall: 8 Answers
Q. Is there a standard agreement and release form when an employee is terminated?
A: There is no standard form. Also, you are not required to sign an agreement releasing your employer from legal claims if your are terminated, however, most employer's condition receipt of severance payments on signing such a release. If you believe you have valuable legal claims, ask for time to consult an attorney, before you have to decide whether to sign.
Q. Do the discriminative restrictions on US NAVY employment for non Greek NATO members in Greece have legitimacy?
A: Are you asking whether, acting as a civilian employer, the US Navy may abide NATO restrictions on hiring non-Greeks, on Greek soil?
Q. Met w/an Attorney who took to long to get back to me, went past the 90 day from EEOC. What can I do now?
A: There are two clear answers, and a large grey area. If the attorney signed an agreement in which he agreed to bring a lawsuit for you, or even to represent you in your claim against your employer, you very likely can hold him or her responsible for blowing the deadline. If you and the attorney were merely discussing your case, there was no understanding that the attorney would represent you, and you were aware of the deadline, it is unlikely a court would hold the attorney responsible. There are a range of more ambiguous situations in between these two extremes, and there are 50 states, each with different laws on legal malpractice, so to get a clear opinion, you need to retain someone experienced in legal malpractice in your state. NB: for claims of race, color or national origin discrimination, there is a four year statute of limitations, and it makes no difference whether you met your 90-day EEOC filing deadline. Check out 42 USC 1981.
Q. How many years does an employee have before the right to sue the employer for wrongful dismissal expires?
A: In NY, three years for discrimination, except race and color discrimination, for which there is a special federal statute called 42 USC 1981, which has a four year deadline. Not to be confused with something the EEOC issues when it finishes your case, called a Notice of Right to Sue. You have only 90 days to file your lawsuit once you receive the Notice of Right to Sue from the EEOC.
Q. I WAS WRONGFUL LAY OFF,AFTER COMPLAINING ABOUT A MANAGER?
A: What was your complaint? If you were complaining about employment discrimination, overtime, minimum wage, or other legal issues, you might be able to sue, if you were laid off because of your complaint.
Q. Can i withold an employees pay if they quit without notice if the employee is in breach of contract
A: Not in NY.
Q. How can I find out if I am being blacklisted by a previous employer?
A: There are a number of companies which will check your reference at your former employer posing a a company which is considering hiring you. We use www.allisontaylor.com but there are other good ones out there you can find with a google search.
WEBSITES & BLOGS
Website: Joshua Friedman's Website Profile
Website: Joshua Friedman Website
Blog: Sexual Harassment Lawyer Blawg
Plaintiff is Entitled to Read the Defendant's Email Civil Rights Struggle in the Press and Courts New York Athletic Club Tried to keep Testimony about Sexual Harassment and Racial Slurs Secret In Our Little Town...Discrimination Landlord Settles Suit over Sex Offender Super for $2 million Former Vermont Corrections Officer Files Suit for Harassment Michigan High School Students Suing School District for Racial Discrimination Get Help From the U.S. Government New York Attorney Joshua Friedman Intervenes in Apartment Sexual Harassment Suit on Behalf of Tenants Department of Justice Sues New York Apartment Owner and Superintendent for Years of Sexual Harassment