Lutfy & Lutfy P.C.

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Lutfy & Lutfy P.C.
595 Stewart Avenue, Suite 520
Garden City, New York 11530

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Phone: (516)542-8800 | Fax: (516)542-0472

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Constructive Discharge

Although in most states, at-will employees--those who work without an employment contract or collective bargaining agreement--can be fired by an employer for the slightest reason or in fact no reason at all, there are certain circumstances under which the termination of an at-will employee may be found to be wrongful under the law. One example of wrongful termination is a retaliatory firing after an employee reports an employer for a violation of state or federal law. Another type of wrongful termination is called constructive discharge. Constructive discharge occurs when an employer makes an employee's work conditions so intolerable that any reasonable employee in that situation would have no choice to quit and the employee does in fact resign his position.

Mine Safety and Health Act of 1977

Although mine operators have been subject to federal regulation for nearly a century, the Mine Safety and Health Act of 1977 has significantly improved the safety of mining. Mining accidents, particularly mining fatalities, have dramatically decreased since the passage of the Act, the purpose of which was to protect the lives of miners and to prevent injuries.

Personnel File Retention Requirements - The Family Medical Leave Act of 1993

Most employers with 50 or more employees, including state and territorial governments, are subject to the requirements of the Family and Medical Leave Act of 1993 (FMLA). Employees must have worked for a covered employer for at least one year before becoming eligible for the FMLA guarantee of 12 weeks of unpaid leave during any 12-month period for certain family or health related reasons.

Parental Status Discrimination--

State Law)

The Pension Benefit Guaranty Corporation

The Employee Retirement Income Security Act of 1974 (ERISA) was passed in order to protect the retirement assets of employees that were accrued through employer-sponsored pension plans. In defined contribution plans, retirement assets are invested and will increase or decrease as the investments increase or decrease. With defined benefit plans, the retirement plan sponsor promises to pay a certain amount to a plan participant upon retirement, whether a stated dollar figure or an amount that is calculated from the participant's salary and time of service to the employer.

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