Practice Areas

 We often get calls from people who are unhappy in their jobs because they are being treated unfairly by their employers. Employment Law in New York City is vast, complex and covers a broad range of subjects, including discrimination, wages and benefits. Your employer cannot take adverse actions against you because of your legally protected category, such as gender, pregnancy, race, disability, Family Medical Leave rights, health insurance and medical benefits rights, age, pension rights, national origin, or religion. Similarly, your employer must pay you properly, including minimum wages and, if you are a non-exempt employee, overtime compensation. Nor can your employer retaliate against you for complaining about illegal conduct, including certain business practices and health violations. There are many Federal, New York State and New York City statutes which protect you. You will find many of these subjects covered on our website.

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. 
If we cannot resolve the problem by changing how you are treated through negotiations, we will protect you by filing a case for you in New York State Federal Court or New York State Court.

Contact us online or call us at (212) 949-1001 for a free initial consultation today.

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