Continued from page 1
For instance, in New York Labor Law mandates proper notice of employee termination and benefits termination. An employer failing to follow Labor Laws is penalized under Labor Law 198, in addition to ordinary costs lost by employee he must pay a reasonable sum for expenses which may be taxed as costs are allowed by court. Furthermore, in any action instituted upon a wage claim by an employee which employee prevails, court is required to allow such employee reasonable attorneys' fees, Labor Law 198(1-a), and upon finding that employer's failure to pay wage specified by statute was willful, an additional amount as liquidated damages equal to twenty-five percent of total amount of wages due is also paid to employee. Labor Law 198(1-a). Case law holds an award of liquidated damages to employees proper where employer knowingly, deliberately and voluntarily disregarded its obligation under Labor Law to pay employees' commissions, which would be deemed "willful" failure to pay wages. P & L Group, Inc. v Garfinkel (1989, 2d Dept) 150 AD2d 663, 541 NYS2d 535.
So, don't despair if your employer gives you a hard time when your fired--there are laws requiring him to pay your wages and your Employee Handbook and Offer of Employment Letter also can be used as valid contracts to support your position for wages.
This article is certainly not all inclusive and is intended only as a brief explanation of legal issue presented. Not all cases are alike and it is strongly recommended that you consult an attorney if you have any questions with respect to any legal matters.
Any questions and/or comments with respect to this topic or any other topic, contact:
Law Offices of Susan Chana Lask 853 Broadway, Suite 1516 New York, NY 10003 (212) 358-5762
Susan Chana Lask, Esq. c 2004
Susan Chana lask is a New york attorney named by the media as "High-Powered", she practice sin all state, appellate and federal Courts nationwide handling civil & crimnal cases.