New York Foreclosure Defense
Yuriy Moshes announced that New York’s Second Department Appellate Court upholds dismissal of foreclosure action putting bank outside of the statute of limitations to refile.
On December 20, 2017, the State of New York’s Second Appellate Division upheld the Kings County Supreme Court’s ruling in the case of JBBNY, LLC v. Khadija Begum. This ruling resulted in the dismissal of the foreclosure action brought against the Defendant, Khadija Begum, who was represented by the Law Offices of Yuriy Moshes…[Read More]
Sexual Harassment, Gender Discrimination and Retaliation
We represented a female employee who worked for a company as an administrative assistant.
When the owner learned that our client had a tattoo, he constantly begged her to show it to him. She told him that the tattoo was in her pelvic area and that she did not feel comfortable showing it to her supervisor in the workplace. Despite her objections, he asked, “Is the reason you don’t want to show it to me that you need to shave your pubic hairs?”.. [Read More]
Discrimination Based on a Prior Criminal Conviction
Law Office of Yuriy Moshes, P.C. represented a client who was convicted of distributing a controlled substance in New Jersey. Our client was sentenced to 2 years probation and mandatory drug counseling, which he successfully completed. Since this one and only criminal conviction, our client had been a successful and productive member of society. In fact, for over 10 years, he was successfully employed by numerous companies.
In 2014, he was offered a position of Business Development Member by the Defendant employer, which our client immediately accepted. The employer then provided him with a letter setting forth the terms of his employment… [Read More]
Disability Discrimination and Retaliation
We represented a client who claimed that his employer failed to accommodate his disability and then retaliated against him for his prior complaints of disability discrimination. Our client worked as a doorman for a building in New York for almost 20 years. In 2009, our client provided his employer with a doctor’s note indicating that due to medication he was taking to treat his medical condition, he would have to urinate more frequently and requested to be relieved for period bathroom breaks. Unfortunately, despite repeated complaints that his co-workers refused to relieve him in a timely manner, the employer failed to do anything about it and simply ignored our client’s requests… [Read More]
Age Discrimination and Retaliation
We represented an employee who worked for a building as a superintendent. Unfortunately, his employer discriminated against him due to his age (over 70) and ultimately terminated his employment.
For example, our client’s supervisor made numerous comments regarding his age, such as, “You are too old to still be working and should retire” and “At your age, you should not be working.” As such, our client complained to management about the above discriminatory comments. In response to his complaint, his supervisor stated: “We are selling the building. You are an old man with a good pension and at this point I will give you 2 options. You either write a resignation letter or you will pack your things right now and be terminated.” Our client was in a state of shock and asked if he could have until the following day to think about it, to which his supervisor stated… [Read More]
Pregnancy Discrimination and Retaliation
We represented a client who claimed that her employer subjected her to discrimination based solely on the fact that she was pregnant with her second child. At the time, our client held a senior position at a multi-national bank with exemplary performance evaluations.
However, the employer’s attitude towards our client changed upon learning that she was pregnant with her second child as her supervisor began to make disparaging comments about her pregnancy. He also questioned her commitment in conversations with senior managers in the group, claiming that our client was not sufficiently “reliable” or “senior.” Further, our client overheard several comments from senior managers about the timing of her second pregnancy that stated or implied that she was not committed to her work because she was a pregnant mother…. [Read More]
National Origin Discrimination and Retaliation
Our client worked as a laborer for a railroad service provider, where he was battered, harassed, and discriminated against on the basis of his national origin (Puerto-Rican), and retaliated against for complaining of discrimination.
Almost immediately after beginning his employment, our client’s direct supervisor began to refer to him as a “dirty Puerto Rican” on a daily basis. In addition, the supervisor also referred to our client as a “low life piece of shit” and “scum bag.” Our client was the only Puerto Rican employee under the supervision of this harasser, and this man was only acting this way towards our client because he didn’t Puerto Ricans… [Read More]
Disability Discrimination and Retaliation. Designer
Our client worked for a graphics company in Long Island. One day, he felt a sharp pain in his left leg while getting ready for work, but nevertheless decided to “tough it out” and go to work. While at work, the manager noticed that our client was limping and asked about his condition, to which our client replied that he believed he merely had a bad cramp.
A few days later, our client was in extreme pain when he woke up and noticed that his leg had become severely swollen. As such, for the first time during his employment, he was forced to call in sick. He went to the hospital and was diagnosed with Deep Vein Thrombosis. The following morning, our client called his supervisor and informed him of the diagnosis, and notified him that pursuant to his doctor’s instructions… [Read More]
Race-Based Discrimination and Retaliation
Our client worked as a telesales representative for a company in Long Island, New York. While the company was initially happy with our client’s excellent work product and diligent work ethic, upon learning that he had complained of race-based discrimination and requested a reasonable accommodation, the company immediately started to retaliate against him and set him up for termination.
For example, within days of being hired, our client’s supervisor began to call him a “Moulinyan,” an Italian derogatory term for Black people. Additionally, the company assigned our client to work directly next to the only other African-American in the department because “he would be better to train” our client… [Read More]
Disability Discrimination in Housing
We represented a tenant who was discriminated against by her landlord solely due to her cancer diagnosis and status as a cancer survivor. Our client was diagnosed with ovarian cancer and colon cancer and had been treated with 2 surgeries and 12 rounds of chemotherapy.
While our client was undergoing chemotherapy treatment for her cancer, she was unable to work and did not have an income, forcing her to work out an alternative payment arrangement with her landlord…. [Read More]
Pregnancy Discrimination Case
A former client claimed that she was discriminated against and terminated by her employer solely due to her pregnancy and in retaliation for complaining of discrimination. Our client was an exemplary employee in the medical sales field and was selected as a top salesperson in her region. However, everything seemed to change when our client informed her supervisor that she was pregnant and expecting.
While she never expected that disclosing to her employer this good news would result in the removal of sales territories and the eventual termination of her employment, she was horribly mistaken. The employer suddenly removed half of our client’s sales territories and transferred them to a male co-worker.
FLSA Settlements Face Challenges In NY After Cheeks Ruling
Cheeks v. Freeport Pancake House Inc. was a case that completely changed the way in which two parties can settle a claim pursuant to the Fair Labor Standards Act. Cheeks arose after an individual plaintiff settled an FLSA wage claim with defendants and filed a stipulation seeking to dismiss all claims with prejudice under Rule 41(a) of the Federal Rules of Civil Procedure.
While this used to be standard procedure in FLSA cases, the district court rejected the dismissal and instead found that all FLSA settlements now had to be reviewed and approved by the court. [Read More]