NEW YORK, NEW YORK — Attorney Steven Mitchell Sack, “The Employee’s Lawyer^®,” and author of his latest book “FIRED! Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” has announced that he has launched a new podcast titled “Know Your Job Rights with Attorney Steven Sack.” This podcast will educate listeners on what they should do if they have been unjustly terminated or if they have been denied benefits, commissions and other forms of compensation after a firing or a layoff.

The first episode, “Depp & Defamation,” examines how those who are seeking a new job can be subject to slander by a former employer, thereby destroying any chances for the job seeker obtaining future employment. One case he talks about focuses on a group of employees who were fired from an insurance company for refusing to falsify expense reports. The employer claimed the workers were terminated for “gross insubordination.” The employees sued and won their case, each one of them receiving $350,000 in damages.

“The case is significant because, in some states, employees fired on false charges of bad conduct can sue their former employers for defamation, even if it is the workers themselves that are compelled to disclose the false information in the interview, and we call that compelled self-defamation,” Mr. Sack said.

Defamation, Mr. Sack said, “is defined as any false statement about an employee which is communicated by an employer to a third party that harms the employee’s reputation or deters others from dealing with him or her in a business setting. A statement can be defamatory when it holds an individual up to scorn or ridicule, accuses an individual of committing a criminal offense, having a loathsome disease like AIDS, or impugns an individual’s honesty or competence in certain cases.”

Mr. Sack says there are two forms of defamation: slander, in which false accusations against a worker are spoken, and libel, in which those falsehoods are in writing. In order for workers to protect themselves from defamation, he offers the following advice:

• Do not sign a release — this will hold the employer harmless and shield them from liability for any false statements they make to a third party.
• Review the company’s purposed separation agreement — the company will ask the employee not to disparage the company in any way, but the employee should request that the agreement be mutual.
• Negotiate to receive a positive reference agreement — in the event the employee is terminated, he or she can receive a favorable reference from their former employer.
• Seek legal action immediately if given a negative reference — this should be done in the event the employer terminates the worker and provides a negative reference in retaliation for a harassment or discrimination claim.
• Act promptly if the former employer made defamatory remarks — not acting sooner may hinder the employee’s ability to find a job.
• Use your state’s “service letter” statutes — some states make it a crime for ex-employers to provide negative references that are false and allow terminated employees to sue if they do not obtain a written statement from the ex-employer stating the real reason for the termination.
• Research your state’s defamation and job reference laws — employees should send a letter to their ex-employer explaining the true reason why they were fired and demand a response within a certain amount of time, or else the company will be in violation of the state’s service letter statute.
• Consult with an employment attorney — if an employee believes he or she is unemployable because of a former employer’s defamatory statements, he or she should meet with an employment attorney immediately.
• Recognize your rights while fighting defamation — defamation need not occur after termination; it can happen during the worker’s employment period.

“Whenever you believe that false information or poor references have been given to prospective employers, especially after your discharge, companies face more legal exposure from leaking personal or confidential information after a firing than from a firing itself,” Mr. Sack said. “Know your rights and take action if you’ve been wronged.”

Mr. Sack’s podcast is available on Spotify and YouTube. For more information, call (917) 371-8000 or visit www.theemployeeslawyer.com.

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About Steven Mitchell Sack

Steven Mitchell Sack, “The Employee’s Lawyer^®,” has been enforcing the workplace rights of employees, executives, and sales representatives for more than 41 years. He is a practicing labor and employment attorney, author of 20 books, a lecturer, syndicated radio talk show host, and host of the podcast “Know Your Job Rights with Attorney Steven Sack.” With attorney Scott A. Lucas, he obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees and a favorable New York Court of Appeals decision for a group of waiters who were denied their fair share of tips that a caterer withheld. For more information, visit www.theemployeeslawyer.com.

NEW YORK, NEW YORK — June is LGBTQ+ Pride Month, which allows those to freely express their sexual identity and preference. Steven Mitchell Sack, “The Employee’s Lawyer,” says that employers may be subject to fines and penalties if they do not extend worker protections for lesbian, gay, bisexual, transgender, queer or other (LGBTQ+) employees.

According to The National LGBTQ Workers Center, one in four employees who identify as LGBTQ has experienced discrimination in the workplace due to their sexual orientation or sexual identity. Further, 27% of transgender workers said they were fired, denied job opportunities or promotions and 22% of LGBT workers did not make the same amount of money as their colleagues. When it comes to benefits, only 20% of U.S. companies offer paid family leave for LGBT employees.

In 2002, New York State passed The Sexual Orientation Non-Discrimination Act, which prohibits employee discrimination and/or harassment based on their actual or perceived sexual orientation. “In New York City, employers cannot ask their employees to ‘dress like a woman’ or tell them their behavior isn’t ‘manly enough,’” Mr. Sack said. “It is illegal to harass, name-call, or insult someone because they are LGBTQ or to misgender a transgender man by repeatedly calling him ‘her’ or ‘Ms.’ at work when he has made it clear that his pronouns and title are ‘he and him’ and ‘Mr.’”

While victims of such discrimination or harassment may be awarded compensatory damages for pain and suffering and the monetary value of any lost wages of benefits, the New York City law allows victims to collect punitive damages and attorneys’ fees. “Before filing a formal complaint against your employer, do your research and see which town or city closest to you provides the strongest protection,” Mr. Sack says. “Speak to a competent employment lawyer for advice and guidance in this area where applicable.”

Mr. Sack has been an employment attorney for more than 41 years. He is the author of 20 books, including his latest release, FIRED! Protect Your Rights & FGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit. He is a practicing labor and employment attorney and the author of 20 books, a lecturer, syndicated radio talk show host, and host of the podcast “Know Your Job Rights with Attorney Steven Sack.” Together with attorney Scott A. Lucas, he obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees and a favorable New York Court of Appeals decision for a group of waiters who were denied their fair share of tips that a caterer withheld.

For more information, call (917) 371-8000 or visit www.theemployeeslawyer.com.

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About Steven Mitchell Sack

Steven Mitchell Sack, “The Employee’s Lawyer^®,” has been enforcing the workplace rights of employees, executives, and sales representatives for more than 41 years. He is a practicing labor and employment attorney and the author of 20 books, a lecturer, syndicated radio talk show host, and host of the podcast “Know Your Job Rights with Attorney Steven Sack.” Together with attorney Scott A. Lucas, he obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees and a favorable New York Court of Appeals decision for a group of waiters who were denied their fair share of tips that a caterer withheld. For more information, visit www.theemployeeslawyer.com.