My name is Robert Ottinger and I’m an employment lawyer. My law firm, The Ottinger Firm has been helping employees for over 20 years and we have offices in New York and California. Have you ever had to take time off of work to care for or a sick parent or a child or even yourself if you’re sick? Well, you’re...
Continue ReadingNon-compete agreements have the attention of congress. A bipartisan effort to regulate non-compete agreements on a federal level was introduced in the U.S. Senate in October 2019 by Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.). Senate Bill 2614, the Workforce Mobility Act of 2019, proposes a near federal ban of all employee non-compete agreements, with limited exceptions for certain business transactions. The bill would have sweeping implications, but does...
Continue ReadingRecently, an Indiana federal district court tackled the issue of whether a former employee’s change in employment announcement to clients constitutes solicitation. In Edward D. Jones & Co., L.P. v. Kerr, No. 1:19-cv-03810-SEB-DML (S.D. Ind., Nov. 14, 2019), the court concluded the announcement was not a solicitation and, for those looking to enforce or defend against non-solicitation agreements, this decision provides helpful insight into behaviors that may cross the...
Continue ReadingWhen can You Take FMLA? Under the federal Family and Medical Leave Act, or FMLA, you can take up to 12 weeks of leave within a 12–month period when: You are unable to work due to a serious health condition. You are caring for an immediate family member with a serious health condition. You have a newborn child or have...
Continue ReadingEmployment discrimination is against the law. Employers are not allowed to treat you differently because of your: Pregnancy Age Race Ethnicity Religion Gender Disability These descriptions, among others, fall into classes that are protected by law. If you have a discrimination case, contact us for a consultation. We have offices in San Francisco and New York. Laws Enforced by...
Continue ReadingThis guide is for anyone who has received a right to sue letter or wants to know more about them. You will learn what you need to do when you get a right to sue letter, and you will understand the big picture. This guide will also help you decide what steps to take next and help you find a...
Continue ReadingAre you facing a work-related problem? Maybe you’re worried that you’ve been discriminated against in the hiring process because of your race, gender, sexual orientation, or disability. Maybe there’s a problem with the way your company has been treating you, how much they’ve been paying you, or how many hours they ask you to work. Maybe you’ve just lost...
Continue ReadingCalifornia employment relationships are generally at-will, meaning either party may terminate the relationship with or without cause at any time and for any reason or no reason at all. However, there are exceptions, and an employer cannot terminate an employee for reasons that violate California public policy. What Does It Mean to Violate “Public Policy?” A wrongful termination that...
Continue ReadingWhat NY workers need to know about their rights in cases of illegal retaliatory employment termination NY wrongful termination occurs when an employee is fired for an illegal reason. But NY wrongful terminations are rare. This is because most all New York employees are employees-at-will. An employee-at-will can be fired for any reason or no reason at all. Fairness...
Continue ReadingProper classification of independent contractors and employees has never been simple, and the passage of California’s new gig law Assembly Bill 5 (“AB5”) ensures this issue will continue to pose challenges for workers and businesses alike. AB5 took effect on January 1, 2020. While the full impact of this new legislation is yet to be seen, there are legitimate concerns about how this...
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