Please keep in mind that but for specific laws that cover your situation, New York is a so-called employment at will state. That means that even though an employer has treated you unfairly and arbitrarily, it is possible that there is no legal remedy because your employer does not have to have a good reason for firing you. Courts cannot review all employment actions, even though they may be unethical or even blatantly unfair. This dismays and shocks many of you, but it is a reality. Courts can only review actions which are in violation of law. Otherwise, you are considered to be an at-will employee. In fact, you may have signed a document when you were hired, such as an employment handbook, in which you agree that you are an at-will employee. Usually, however, such handbooks also tell you that your employer will abide by the laws which regulate employment, and your employer has choice but to follow those laws.
In addition to specific laws that regulate how your employer must treat you in the workplace, you may also be protected by a written contract if you are a union member with a collective bargaining agreement negotiated by your union on behalf of all employees, or a high level employee who has been able to secure a written employment agreement binding both you and your employer. In both cases, there will be a provision that you can only be fired for just cause.
Our job is help you know your legal rights in the work place, and to assert the rights we have identified.
The range of services we can provide you include:
- Advising you in the background to help you deal with your employer on an ongoing basis. This can be particularly useful when you have a disability and you are trying to work out a reasonable accommodation to allow you to perform the essential duties of your job in the workplace, or when you are blowing the whistle on illegal conduct of your employer.
- Making direct contact with your employer and negotiating on your behalf with the purpose of alleviating illegal conduct to which you are being subjected.
- Helping you with settlement and severance agreements in order to protect your rights and maximize your benefits.
Contact us online or call us at (212) 949-1001 for a free initial consultation today.
- Age Discrimination
- Civil Service Discrimination Law
- Disability Discrimination
- Hostile Environment Discrimination
- National Origin Discrimination
- Perceived Disability Discrimination
- Pregnancy Discrimination
- Race Discrimination
- Religious Discrimination
- Sexual Orientation Discrimination
- Sex and Gender Discrimination
- Sexual Harassment
- Gender Identity Discrimination
- Criminal Background Discrimination
- Caregiver Discrimination
- Wages, Compensation and Benefits
- Severance Agreements
- Other Employment Law Claims