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Law Office of Yuriy Moshes Blog

Law Office of Yuriy Moshes P.C. blog is a law firm blog for up to date content. Check back here often for news, legal developments and tips. We look forward to hearing from you and thanks for reading our blog. We welcome suggestions on topics you would like featured in the blog. Whether you are another lawyer, a current or past client, we look forward to a nice dialogue about today’s legal trends. We aim to update our blog on a weekly basis, and check out our Facebook page for legal tips of the day.

We specialize in the subjects of real estate, foreclosure defense, personal injury, labor and employment matters and civil litigation. Please see our posts related to these topics.

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Title VII’s Continuing Violation Doctrine

In New York, before someone can file a Title VII discrimination/sexual harassment lawsuit in federal court, he or she must first file a charge (complaint) with the Equal Employment Opportunity Commission (EEOC) within 300 days of the alleged discriminatory act(s).  When analyzing a Title VII hostile work environment discrimination claim, courts will then usually only consider events that occurred within those 300 days.  However, courts can consider incidents that occurred outside the s...

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Requirements for a Valid Waiver Under the Age Discrimination in Employment Act (“ADEA”)

Many people wonder why severance agreements often advise the employee “to consult with an attorney before signing this agreement.” Employers don’t include this language out of the kindness of their heart or out of concern for the employee, but rather because it’s mandated by the Age Discrimination in Employment Act (“ADEA”) – meaning that this language is only required in agreements where the employee is waiving any rights she or he might have relating to discrimination on the basis of age. In f...

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New York Labor Law Specifically Limits Preclusive Effect of Unemployment Decisions in Subsequent Lawsuits Against Same Employer

People frequently ask me whether they can sue their former employer for discrimination even though the unemployment insurance board found that they were terminated “for cause” and thus denied them unemployment benefits. Fortunately, the answer in New York is “yes.” Pursuant to New York Labor Law § 623(2), determinations made by a Department of Labor Administrative Law Judge or even by the New York Unemployment Insurance Appeal Board have no preclusive effect in subsequent judicial actions agains...

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Unlawful Retaliation for New York City Employers

Although most employers understand and are cognizant of the numerous New York City, New York State, and Federal anti-discrimination laws, many supervisors often forget that those same statutes also prohibit retaliation for raising one’s rights pursuant to those laws.  Any criticism, discipline or other adverse employment action taken against an employee who recently complained of discrimination may be construed as unlawful retaliation. All companies should develop an official policy that d...

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Law Office of Yuriy Moshes Successfully Defends Lawsuit against its Client by Negotiating a Swift and Amicable Settlement

Brooklyn, New York- July 13, 2016 – Arco Plumbing and Heating Inc. and its principals were sued by a former employee in the Federal Court for the Eastern District of New York.  The employee alleged certain violations of wage and hour laws.  Arco Plumbing and Heating Inc. hired the Law Office of Yuriy Moshes, P.C. to represent the company in defending the lawsuit.  Less than two (2) months after being retained, the attorneys at the Law Office of Yuriy Moshes worked diligently to ac...

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Law Office of Yuriy Moshes Settles Lawsuit for Minor Injured by Pakistan International Airlines

Brooklyn, New York- July 1, 2016 – The family of a Plaintiff minor who brought suit in Federal Court for the Eastern District of New York in 2014 has agreed to a settlement with Pakistan International Airlines. The lawsuit alleged that the minor Plaintiff sustained injuries on December 10, 2013, when she and her mother were passengers on an international flight from Pakistan to New York, when a flight attendant spilled a hot liquid on her face while she was sleeping.  The lawsuit further a...

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New York State Court Finds Employer Liable for Breaching Employment Agreement

In Kleinman v. Blue Ridge Foods, LLC, 32 Misc. 3d 1219(A), 934 N.Y.S.2d 34 (Sup. Ct. Kings County, July 7, 2011)[1], the King County Supreme Court granted an employee’s motion for summary judgment on his breach of contract claims against his former employer. In this case, pursuant to the terms of an employment agreement, Defendants hired Plaintiff as their Chief Executive Officer for a term of three (3) years.  If Defendants wanted to discharge Plaintiff earlier, a prior written notice mus...