by Julia Belagorudsky, Esq. “I would like to work from home one or two days per week. I have a medical condition, and it would be helpful to my situation if I could telecommute.” This is not an uncommon request, and while the answer, or at least what the answer that complies with the law, has never been black and white, it has recently become far less certain. This brief article explores the fundamental assessments an employer must make before responding to an employee’s telecommuting request. The Americans with Disabilities Act (ADA), the federal law governing the provision of “reasonable accommodations” for individuals with disabilities, does not mandate that the employer offer the exact accommodation requested by the employee.[1. The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (2008). The ADA provides a right to a reasonable accommodation, but does not … [Read more...] about When An Employee’s Home Is His Castle… And His Office – Telecommuting And Employer Responsibilities Under the ADA
Employment
No End-Around for the At Will Employee
The general rule in New York is that an employee who does not work under an agreement for a definite term of employment is an “at-will” employee: She or he may be terminated at any time, with or without cause, for any reason whatsoever. Earlier this year, New York State’s highest court reaffirmed this general rule, and made a clear showing that it will guard closely against efforts to encroach on it. In Smalley v. Dreyfus Corp., 10 N.Y.3d 55, 853 N.Y.S.2d 270 (2008), the plaintiffs were a group of employees at the Taxable Fixed Income Group at Dreyfus. Each employee was hired at different times over a three year period. Both prior to and during their employment, rumors had been circulating that this group might be merged with another fund management company. Allegedly, the employees asked repeatedly about these rumors, and allegedly, these rumors were repeatedly and flatly denied. … [Read more...] about No End-Around for the At Will Employee