If an employee is facing certain discharge from employment, can s/he quit, instead of being fired and still receive unemployment compensation benefits?

New York State Court of Appeals recently issued an interesting decision that provides a simple explanation of the difference between an employee and an independent contractor.  The key question is control over work methods and the form and content of their work results.

When the retaliation occurs matters in determining wrongful termination.

You may be able to take legal action against your employer for defamation in the workplace, but certain elements must be provable.

Just because the boss "didn't like your attitude and you didn't like hers" may not be sufficient to prove misconduct and keep you from collecting unemployment compensation.

Is your company responsible if your supervisor is discriminating against you but the personal responsible for firing you is not biased?

The New York State Wage Act requires your employer to inform you of your rate of pay within 10 days of starting your job.

Be careful before you rush to file your charge of discrimination with the NY State Division of Human Rights. Under New York's Human Rights Law), you have a choice of where to file and your decision has significant ramifications.