New York Employment Law Experts - Let Us Fight for You
It is increasingly evident that employers are using the excuse of the harsh job market as a pretext for demoting or terminating many hard-working, loyal employees. More often than not, we see employers claiming economic hardship, when the true purpose of the firing is to replace seasoned workers with inexperienced, younger employees, to weed out the employees who are “different”, discard employees who may require certain accommodations, or to make an example of those employees who have the temerity to object to wrongdoing in the workplace.
To make matters worse still, many employees find themselves terminated without any notice and with little, or no, severance to help them transition to a new job. Often times, critical benefits and unpaid compensation are denied, even though the law requires that these benefits be extended or that the compensation be paid.
At The Law Offices of Daniel Felber we pride ourselves on negotiating and obtaining the greatest monetary packages for terminated employees or, failing that, to prosecute the employee’s claims before courts of law, arbitration panels, mediators or administrative agencies. We have found that after just one consultation, we can often identify serious violations of law that can lead to sizable damage settlements or awards for the terminated employee.
Specifically, we have uncovered the following violations that can lead to enhanced severance payments:
- • FLSA – the Fair Labor Standards Act – that makes it unlawful to deprive employees of their rightful compensation, be it salary, commissions or bonuses;
- • WARN Act – Worker Adjustment and Retraining Act – that requires advanced notice before certain lay-offs or payment in lieu of notice;
- • ADEA – Age Discrimination in Employment Act – that protect employees over 40 years of age from certain employment practices;
- • ADA – Americans with Disabilities Act – that protects employees with disabilities from certain employee practices;
- • PDA – Pregnancy Discrimination Act – that protects pregnant employees from certain employment practices;
- • Civil Rights Laws that protect employees from discrimination based upon, race, religion, gender, national origin or sexual orientation;
- • Whistleblower laws that protect certain employees from facing negative employment consequences for reporting wrongdoing; and
- • Anti-Retaliation laws that protect employees from negative employment consequences for reporting violations of workplace laws.
We also assist employees in trying to salvage their jobs before they are terminated. Thus, we can help you if you received an inappropriate performance evaluation, were demoted, or were put on a false Performance Improvement Plan (PIP). We can also guide you on how to best make a record of your employer’s wrongdoing to prevent termination, or if you are terminated, to use that record to exact a reasonable settlement of your impending claims.
Finally, for those who have the benefit of being able to negotiate a written employment agreement with a new employer, a consultation with us will help you from falling in unwitting traps that may handcuff you in connection with salary, promotions and raises, or constrain you from leaving to find a better job through unfair “trade secret” and non-competition agreements.
It is therefore extremely important for all employees who are entering a new employment relationship, or feel they are being treated unfairly by a current employer, to immediately review their situation with an experienced employment attorney. It is never too early to consult with an employment attorney. If you find that your workplace situation is becoming stressful or you are beginning to see “the writing on the wall,” you should not hesitate to confer with an employment attorney. It is only through a full discussion of the facts and circumstances surrounding your workplace conditions that you will be able to protect your rights, save your job, or leave your job knowing that you have obtained for yourself all that you deserve.
Our attorneys are standing ready to assist you in all aspects of your employment matters. Call or email now to contact an attorney. Learn your rights before you take any action that may weaken or jeopardize your claims against your employer.