On January 30, 2012, a bill was introduced (A2140) that would allow, in certain circumstances, individuals to keep unemployment compensation overpayments they receive through no fault of their own. Except when the overpayments are the result of the individual’s knowing nondisclosure or misrepresentation (in which case all overpayments must be repaid), the individual would need only to repay a percentage of the overpayment, on a sliding scale tied to the delay in which the Department alerts the individual of the overpayment. After 365 days, the overpayment need not be repaid.
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New York Court of Appeals Emphasizes Need for Interactive Process When Accommodating Employees’ Disabilities
New York’s highest court recently ruled that an employer’s failure to engage in a good-faith interactive process regarding the reasonableness of an employee’s requested accommodation generally precludes the employer from obtaining summary judgment on disability claims under the New York State and New York City Human Rights Laws.
Court Rejects FEHA Claim Brought by Employee Fired for Allegedly Filing False Harassment Complaint
Earlier this week, a state appellate court held that an employee failed to introduce substantial evidence under the Fair Employment and Housing Act (FEHA) that his employer’s decision to terminate his employment was motivated by retaliatory animus. According to the California Court of Appeal, the employee, who was fired for allegedly making false statements related
Appellate Division Adopts Broad Definition of “Opposition” Under the NJLAD
The Appellate Division has adopted the U.S. Supreme Court’s broad definition of “opposition” for purposes of determining whether an employee engaged in protected activity by opposing a practice under the New Jersey Law Against Discrimination (NJLAD). The plaintiff was terminated following the deterioration of his relationship with his boss after a conversation about outstanding commissions due him.