By Brandon Sipherd

Rhode Island’s Central Falls School Board of Trustees, in a 5-2 vote, fired every teacher at Central Falls High School.  In total, 93 employees were fired and each one stood as their name was read aloud in the auditorium after the decision was made.  The firings included 74 classroom teachers, as well as the principal, all three assistant principals, guidance counselors, reading specialists, physical education teachers, and the school psychologist.

Hordes of labor organizations gathered in Central Falls Tuesday to support the teachers and criticize the city’s education officials.  Even the American Federation of Teachers rallied support for the teachers of Central Falls.

Meanwhile, state and local education officials praised the city’s education officials for taking a stance and firing the teachers.  Arne Duncan, the United States Education Secretary, applauded officials for having the courage to do the right thing for the students.

Even teachers from across Rhode Island showed up to voice their own opinions.  Many are concerned these efforts taken by federal and state education officials only undermine their employment contracts and the collective bargaining agreements between teachers’ unions and school employers.

Central Falls is Rhode Island’s smallest and poorest city; yet, it is taking drastic measures to reform its schools.  Central Falls High School is among one of the lowest-performing schools in the country.

Education Secretary Duncan is requiring states to identify their lowest 5 percent of schools and fix them.  Schools who have chronic poor performance and low graduation rates must reform by using one of four methods: school closure; takeover by a charter or school-management organization; transformation which requires a longer school day; or turnaround which requires the entire teaching staff be fired and no more than 50 percent rehired in the fall.

Rhode Island’s Education Commissioner, Deborah Gist, quickly implemented Duncan’s new requirement.  On January 11, Education Commissioner Gist identified six of the persistently lowest-performing schools—Central Falls High School, which has rock bottom test scores and a graduation rate of only 48 percent, and five other schools in Providence.  Gist told these school districts they had until March 17 to decide which of Duncan’s four models they would implement.  As a result, Rhode Island is one of the first states to publicly implement the new dramatic federal education reform.

Central Falls High School’s education officials and teachers originally agreed on implementing the transformation model in order to protect the teachers’ employment.  However, neither side could agree on what transformation would entail and talks between the two sides fell apart.

Education officials suggested six conditions to improve the school.  Under these suggestions, teachers would be have to spend more time with students in and out of the classroom and attend after school training sessions with other teachers.  However, teachers would only be paid for some of the proposed additional duties.  Union leaders fought back by demanding the teachers be paid for the extra work and even receive higher wages for doing so—$90 per hour instead of $30 per hour.

Shortly after the negotiations broke down, education officials lost confidence that the school could be transformed and, therefore, proposed the turnaround model.  Eventually the school’s Board of Trustees voted in favor of the turnaround model, resulting in the dismissal of all the teachers.

Chronically failing schools are not limited to Rhode Island; rather this is a nation-wide crisis experienced in nearly every state.  One question remains unanswered: Whether this is a workers’ rights issue or a children’s rights issue?

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law.  Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area.  We take great pride not only in providing quality legal service and representation, but also in being there for clients when they need it most.

For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

By GetLegal.com

Some singers find success crooning about their family woes. However, when issues of child custody and visitation leave the lyrics and enter reality, courts may have to step in and make hard decisions to protect the welfare of their children.  This was the case in December, 2009 when Courtney Love, the former front-woman for the alternative band Hole, lost custody of her 17 year old daughter Frances Bean and was forbidden to contact her by court order.  Bean has been living with her paternal grandmother and aunt as her father, Nirvana band member Kurt Cobain committed suicide in 1995.

Recently, Love has expressed interest in regaining custody of her daughter.  Love has commented on her twitter page that she plans to go to court and sue her former mother and sister in law.  Love has stated “Im severely lonely without my best friend and no am not on drugs.”  NY Daily News, People Magazine

Under the New York Child Custody Jurisdiction and Enforcement Act, child custody is determined by “the best interests of the child.” To determine the best interests of the child, courts enlist the help of experts and psychologists to determine which parent or family member will be the best custodial parent for the child/children.  Additionally, the court will examine various factors in determining whether to grant a motion for child custody, such as the financial ability of each parents, the lifestyle of each parent, who has served as the child’s primary caretaker, the desires of the child, each parents availability and ability to care for the child, what living arrangements are available for the child, and any proven incidents of domestic violence based on a preponderance of the evidence.

The New York Child Custody Jurisdiction and Enforcement Act also spells out rules for joint custody. “Joint custody may not be awarded unless both parents mutually agree to the arrangement. However, once custody is established, the custodial parent should keep in mind that visitation rights of the non-custodial parent are constitutionally protected. Any action to prevent a biological parent from visiting with their child can lead to court sanctions against the custodial parent.”  New York Child Custody Jurisdiction and Enforcement Act.

Leeds Morelli & Brown, P.C. is a recognized firm in the area of child custody and visitation rights. Leeds Morelli & Brown, P.C. lawyers work hard to resolve matters that will be in your child’s best interests and successfully litigate your family’s legal issues. If you are seeking to gain custody over a child or want more information, please contact Leeds Morelli & Brown, P.C. at 1-800-585-4658 for a free consultation.

By Brandon Sipherd

Conan O’Brien is quitting as host of the “Tonight Show” after NBC pushed O’Brien from the 11:35 p.m. time slot to after midnight to accommodate Jay Leno.  O’Brien refused to comply with NBC’s order, contending the move violated his employment contract.

O’Brien is a member of various entertainment industry unions like the Writers Guild of America and the American Federation of Television and Radio Artists.  However, the terms of the unions’ collective bargaining agreements are not at issue here.  Instead, O’Brien’s employment relationship with NBC is governed by the terms and agreements of his employment contract, which is common for high-level executives and celebrities.   Therefore, the situation’s outcome will be based on the language of O’Brien’s employment contract.

O’Brien’s employment contract guarantying him the late night slot of 11:35 p.m. is the original question posed.  O’Brien’s contract did not contain an expressed guarantee with regards to his show’s time slot.  He was only guaranteed the “Tonight Show” which he argues is not 12:05 a.m.  If the contract had clearly expressed the show’s time, he would be in a much better position.  Both David Letterman and Jay Leno have contracts that guarantee a specific time-sport.

However, now that O’Brien has decided to relinquish hosting the “Tonight Show”, the issues are focused on how long he will have to wait before taking a new job with a rival network and the amount of money the network will have to pay.

Resolving these employment issues will be costly for NBC.  O’Brien currently earns around $12 million annually and there are two and a half years remaining on his contract.  It is estimated that O’Brien’s severance package will range somewhere from $25 million to $35 million.  The total amount that NBC will have to pay ultimately depends on several issues, including how long O’Brien will have to stay of the air.

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law. Our employment law attorneys are dedicated to resolving issues of employment and contract law.  Our firm has had considerable success in handling matters such as these throughout Long Island and the New York City area.  We take great pride not only in providing quality legal service and representation, but also in being there for clients when they need it most.

For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

All couples have their share of disagreements; however there are extreme cases where things escalate too far and legal assistance becomes necessary.  On Christmas Day 2009 at 3:30 a.m., Charlie Sheen and wife, Brooke Mueller Sheen, had an argument that escalated into a death threat. According to an affidavit, Brooke Mueller Sheen told Sheen that she wanted a divorce and would get custody over their twin boys. At that moment, Sheen reportedly held a knife to her throat and stated: “You better be in fear. If you tell anybody, I’ll kill you…I have ex-police I can hire who know how to get the job done and they won’t leave any trace.”

In her 911 call, Brooke Mueller Sheen stated: “I thought I was gonna die for one hour.” Sheen denied threatening his wife with a knife or choking her. Sheen claimed that he and his wife were having marital problems and that she abuses alcohol.  Sheen also told police he that was very upset with her threat of divorce because of his prior experiences (with ex-wife Denise Richards) and surrendered a folding knife with a 4-inch blade. Fox News Report; CNN Report.

Under New York Domestic Relations law Section 170, a spouse may seek a divorce on the grounds of adultery, imprisonment, abandonment, cruel and inhumane treatment and “no fault conversion.” A spouse seeking to gain a divorce based on cruel and inhumane treatment must demonstrate that serious misconduct by the other spouse is endangering their mental or physical well-being.  Further, they must show that the conduct renders it improper or unsafe for the injured spouses to cohabit with the cruel spouse. Additionally, a court will examine the duration of the marriage as a critical factor when considering granting a divorce based on this ground.

As a domestic relation firm in New York, Leeds Morelli & Brown P.C. works to achieve successful divorce judgments that are in the best interests of their clients and their clients children.  The firm handles a full range of domestic relations issues including child support, child custody, spousal maintenance, as well as the equitable distribution of assets.  If you are seeking a separation agreement, divorce decree, or help with any other family law related issues contact Leeds, Morelli & Brown, PC at 1-800-585-4658 for a free consultation or view their web page at www.lmblaw.com.

Leeds Morelli & Brown P.C., is pleased to announce that it is has joined with The Workplace Project to stamp out work place discrimination in Manhattan, Brooklyn, Queens, the Bronx and Nassau and Suffolk Counties.  As reported by News 12, Newsday, and 1010 Wins, Leeds Morelli & Brown P.C. is representing six women who were the victims of vile and degrading sexual harassment while working as package inspectors at Alan Ritchey, a shipping contractor.  Since 2003, these women have been subjected to a pervasive pattern of harassment and threats at the hands of their managers and co-workers.  When they complained, rather than acting to remedy the situation, the company terminated them.

Founded in 1992, The Workplace Project exists “To end the exploitation of Latino immigrant workers on Long Island and to achieve socioeconomic justice by promoting the full political, economic and cultural participation of these workers in the communities in which they live.”  One of The Workplace Project’s primary goals is to end the exploitation of workers on Long Island.  They approach this important task by providing workers with support, education and working to ensure that New York State enacts and enforces laws to protect them.

As one of the preeminent labor and employment law firms in New York, Leeds Morelli & Brown P.C. shares these goals with The Workplace Project and has spent years fighting for the rights of its clients.  The firm is experienced with all manner of labor and employment issues ranging from discrimination to non-compete agreements and employment contracts. Leeds Morelli and Brown attorneys have represented both employers and employees in many venues including, but not limited to, The New York State Division of Human Rights, The Equal Employment Opportunity Commission (EEOC), and New York State and Federal Courts with positive results. If you are facing an employment issue, please feel free to contact Leeds, Morelli & Brown, PC at 1-800-585-4658 for a free consultation or view their web page at www.lmblaw.com.

By Karen Best

It has been almost a month since Election Day and Nassau County still has not declared a winner for the Nassau County Executive position nor for the Nassau County Comptroller position. The votes for both positions are still being counted and as of today for Nassau County Executive, the Democratic incumbent Tom Suozzi trails Republican challenger Edward Mangano by 213 votes. For the Nassau County Comptroller position, Democrat incumbent Howard Weitzman trails Republican challenger George Maragos by 500 votes.

The final tally is supposed to be entered as early as Wednesday and as late as next week. All of the voting machine ballots have been counted. The reason behind the hold up is the paper ballots. The counting of the paper ballots are being held at the Board of Election Headquarters in Mineola. When Suozzi was asked if he would appeal the final count if it was unfavorable he stated he would not “unless there is some crazy fraud that took place.”

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law. Over the last two decades, we have established ourselves among as one of the leading alternative dispute resolution and litigation firms in the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

By Karen Best

Drunk driving has been a continuous problem in our nation. New York Governor David Patterson has signed a new law to stiffen the penalty. If someone drives drunk with a passenger under the age of 15 it will be an automatic felony.  Previous to the passage of the bill, driving drunk with a child in the car was only a misdemeanor. Now, the minimum blood alcohol level will be 0.08 and will apply to first time offenders. The law also requires that anyone convicted of driving while intoxicated must install an interlock on their car. The interlock is a device that acts like a breathalyzer and disables the car if alcohol is detected on the driver’s breathe.

Leandra’s Law is named after Leandra Rosado an 11 year old girl who was killed in an accident on the West Side Highway. In October, Leandra was a passenger in a van driven by her friend’s mother. The mother is alleged to have been driving drunk when she caused the van to flip over, killing Leandra.

Leandra’s father was present when Governor Paterson signed the bill and said “I guarantee you that my daughter’s death will not be in vain.” He also added, “Today I consider this a victorious day and a glorious day-not only for me and my family but all New Yorkers”.

Having represented many well-respected, high-profile individuals over the last two decades, we can say with a great degree of certainty — anyone can be investigated, arrested, charged and prosecuted for a crime. Having read news reports, articles and magazine features on stories of innocent people for much longer, we can also say — anyone can be convicted. While we do not hold ourselves out to be a “criminal defense law firm,” many of the lawyers at our firm have experience as prosecutors. As a result, we understand prosecutorial approaches and the strategies DAs use to try and convict you. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

By Karen Best

Romell Broom was sentenced to death for the September 14th rape and murder of 14 year old Tryna Middleton. Broom was just a needle away from being executed in the Southern Ohio Correctional Facility when his vein collapsed. A prison log book blames the problem on Brooms previous drug use. The log book also indicated that the medical team took an hour to find the vein that did not work.

Broom was reportedly cooperating with the medical team because he  was ready to die. He assisted the team in trying to find other veins in his arms and legs but nothing worked. The execution had to be called off because the medical team didn’t believe the vein would be able to hold once the execution reached the point for the lethal drugs to be administered.

Governor Ted Strickland ordered Broom a one week reprieve after Broom’s lawyer faxed and e-mailed a request to the Ohio Supreme Court Chief Justice. There is an Ohio law that requires executions to be quick and painless. His lawyer also stated, continuing the effort would have been a violation of Broom’s constitutional right against cruel and unusual punishment.

It is possible that Broom’s execution might not occur in a week if there are legal challenges. A representative from Death Penalty Information Center believes there might be an issue of Ohio’s standards of decency to subject an individual to multiple executions. The Americans Civil Liberties Union of Ohio also interjected on behalf of Broom. Counsel from the organization stated “Ohio’s execution system is fundamentally flawed. If the state is going to take a person’s life, they must ensure that it is done as humanely as possible.”

Civil rights are different from any other rights we have as citizens of a free country. They represent basic principles of democracy and fairness, and protect our individual abilities to live life on our own terms. Because of that, whenever a person’s civil rights are violated by another — whether that person is an employer, a police officer or a government agency — the violation is deeply personal. As a firm, we have experience in all aspects of civil rights litigation, and are frequently sought out by radio, television and print media journalists to discuss these topics. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

By Karen Best

When you think of equality for women the first thing one might think is equal pay. For many New Yorkers one more issue was added to the list. Yesterday was National Go-Topless Day and dozens of women participated in and around Central Park. An organizer of the rally stated the reason for the event is “to allow women to be free in the park like men.”

The women received support from motorists, onlookers and surprised tourists. There were some people who found the display of nudity to be a step in the wrong direction. A few people complained to nearby police officers but because of a 1992 court ruling, any woman can walk around the city at anytime without a shirt on.  The ruling made New York the only state in the country where women can be topless legally. Other topless events were held in California and Ohio. The organizers plan to petition Congress to relax nudity laws.

At Leeds Morelli & Brown, PC, we believe that discrimination at work, or anywhere else, has no place in a free and democratic society. Our practice includes cases of sexual harassment, discrimination and Title VII violations, equal protection issues, free speech, and much more. In all of these, we take great pride in providing high-quality representation and service with integrity and professionalism. For a free and confidential consultation contact us at 1-800-585-4658.

Written By:  Anthony Pallone

The U.S. Senate rejected an amendment to a defense spending bill which would have allowed a person with a concealed weapon permit in one state to also conceal his weapon in another state.  The amendment was only two votes short of the required sixty needed for approval and opposes a recent trend towards increased gun rights.  Earlier this year Congress voted to allow people to carry loaded weapons into national parks and Congress has also ignored recommendations from President Obama to renew an expired ban on military-style weapons.

The promoters of the concealed weapons amendment, the NRA and Gun Owners of America, and its sponsor, Sen. John Thune, argue that the proposed amendment would not create a national carry permit and that out of state visitors would still have to obey the restrictions of that state.  However, opponents of the amendment point to the varying prerequisite conditions that exist in the 48 states with concealed weapon permits and emphasize the dangerous possibility of a state having to accept gun carriers from states with few or no restrictions.  Gun control advocates also argue that the proposed amendment would infringe on states’ rights by overriding the laws of 11 states, including New York, which do not give full faith and credit to carry permits of other states.

The United States is divided on the issue of gun control.  Many Americans passionately protect their Second Amendment right to bear arms, believing that the ability to protect oneself is not limited by state boundaries.  On the other hand, others push for more restrictive gun control legislation in order to prevent gun violence.  Enforcing the limitations of gun rights while safeguarding one’s civil liberties is a daunting task; the attorneys of Leeds Morelli & Brown, PC are committed to vigorous advocacy in the area of civil rights and have long protected the rights of their clients.  To schedule a free consultation with one of our experienced civil rights attorneys, call 1-800-585-4658.