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New York Criminal Defense Employment Litigation Blog

Wednesday, April 6, 2016

We Have Moved!!!


Hello Clients, Family and Friends, 

 

We are pleased to announce that The Law Offices of Richard J. Washington, P.C. have moved to 100 Church Street, 8th Floor, New York, New York 10007. We look forward to seeing you there!

 

Richard J.
Read more . . .


Thursday, August 6, 2015

Upcoming Event

On September 16, 2015, I will be participating in a panel discussion for the New York County Lawyers' Association's Labor Relations and Employment Law Committee. The topic of the discussion will be the benefits and challenges of being a solo practitioner in the area of labor and employment law. 


Monday, January 26, 2015

The Law Offices of Richard J. Washington in the Community

On Saturday, January 31, 2015 at 5:30 p.m., I will be participating in a Legal Seminar at the New Haven SDA Temple located at 634 Prospect Place, Brooklyn, NY 11216. I will be covering the criminal law portion of the seminar. Admission is free, and all are welcome.


Tuesday, November 18, 2014

Termination: Try Not To Let It Get There

One of the most common complaints from my employment law clients is that they have been fired from their job. Potential clients who have been terminated seek a wide range of remedies; from reinstatement to severance. For good reason; losing your job can be both emotionally and financially debilitating. But that doesn't necessarily make it illegal.

Because New York is an at-will employment jurisdiction, there is no constitutional right to employment in this state. Of course, an employer cannot fire an employee for an illegal reason (race, gender, and sexual orientation to name a few) and that is always an issue that attorneys examine. But, for an employee without a term contract or a collective bargaining agreement, you are at the mercy of your employer.

So what does that mean? It is your job...until it is no longer your job. An employee's focus from the first day should be to render quality service. Usually such service can be easily quantified. In addition, a pleasant disposition and professional attitude go a long way. Avoiding disciplinary issues - such as tardiness and lateness - is also important.

Making yourself a valuable asset to your employer cannot ensure your continued employment, but at least you can be confident that you have done your part. Then, if you are fired, and you believe that termination was illegal, your work history may be one of the factors that can be used to validate your complaint. Keep this in mind.


Monday, November 3, 2014

Miranda Warnings: Part One

For the average person, Miranda Warnings are probably the most well-known and least understood area of criminal procedure. So often potential clients who have been charged with criminal activity come to this office, sit down, and tell me that this will be an easy case. When I ask “why,” the most common answer from the potential client is that “the officer did not read me my rights.”

While this line of reasoning works well on the average legal television show, an officer’s failure to read an arrestee his rights is rarely – if ever – grounds for dismissing a case. To put it another way, just because an officer doesn’t read you your rights, it doesn’t mean you have not been arrested; or that your arrest is not valid.

The commonly accepted legal precedent that the Supreme Court set forth in the 1966 landmark case Miranda v. Arizona is this: when a suspect is in police custody, he or she must be informed of his or her constitutional rights before being interrogated.  384 U.S. 436. Under this precedent, the only time is officer is legally required to read a suspect his rights is when the suspect is in custody AND officers intend to interrogate that suspect. And even if an officer violates the principles of Miranda, the legal remedy in New York is suppression of the STATEMENT and not the arrest.

In short, this is a brief overview of being read your rights. Going forward, we will discuss the benefits of listening and taking advantage of those rights.        





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100 Church Street, 8th Floor, New York, NY 10007
| Phone: 646-845-7445 | 646-845-7446

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