Employment Law

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.

Workplace Discrimination

Laws exist to protect you from discrimination in the workplace based upon your age, gender, national origin, race, religion, sexual orientation, a pregnancy or a disability or perceived disability. If you believe that you are being treated unfairly or different from others, or are being harassed because of your age, gender, national origin, race, religion, sexual orientation, pregnancy or a disability or perceived disability, your rights may be violated and you may be entitled to compensation. We are proud and privileged to have participated in landmark discrimination cases which have had considerable impact in the field of employment law.

Wrongful Termination

If you have a reason to think that your termination was wrongful then you should contact an attorney as soon as possible to discuss your rights and remedies.

Workplace Torts

In addition to the protection afforded by a broad array of federal, state, and city employment discrimination laws, as well as contractual guarantees, workplace tort laws also protect employees against wrongs of another kind, such as fraudulent inducement and defamation.

Family & Medical Leave Act (FMLA) Claims

Under the Family and Medical Leave Act of 1993 (FMLA), qualified employees are entitled to take up to 12 weeks of unpaid, job-protected leave during any 12-month period for one or more qualifying reasons.

Reduction in Force (RIF)

There are times when there is a valid business reason for a company to reduce its staff and when that occurs, it is a proper basis for discharging employees and unfortunately, on occasion, a great number of employees. This is called a Reduction in Force (RIF).

Fair Labor Standards Act (FLSA) Wage Claims

In addition to the protection afforded by a broad array of federal, state, and city employment discrimination laws, as well as contractual guarantees, workplace tort laws also protect employees against wrongs of another kind, such as fraudulent inducement and defamation.

Whistleblower Claims

The law protects employees who, under certain circumstances, “blow the whistle,” or report to the government or law enforcement agency, employers who are breaking the law. Such employees may not be fired, mistreated, or otherwise retaliated against for “whistle blowing,” as long as the employee has a reasonable basis for his or her belief that the activity was illegal, even if the employer did not actually violate the law.

Sexual Harassment

When sexual harassment permeates the workplace to the extent that a reasonable person would not be expected to endure such treatment, the law provides a remedy.

New York Overtime & Minimum Wage Laws

If you believe your employer is not in compliance with federal or state law regarding your hourly or overtime compensation, you may file a complaint against your employer with the local branch of the federal Wage and Hour Division, or contact us to explore your legal options regarding filing a lawsuit.

Fraudulent Inducement & Defamation

If your employer has misled you with regard to your employment, such as making false representations as to future earnings or responsibilities, and you relied upon these promises, then you may have a claim of fraudulent inducement and may be entitled to compensation. Similarly, if an employer or co-worker makes or publishes false statements about a worker’s performance or record that injures that employee’s reputation, they may also be entitled to compensation.

Workplace Harassment & Hostile Workplace Claims

Unfortunately, discrimination in the workplace is all too common, but what exactly is a “hostile work environment”? Generally, a hostile work environment is one in which an employee is subjected to egregious and negative treatment because of their age, race, gender, national origin, disability or sexual orientation.

Performance Improvement Plans (PIP)

Performance Improvement Plans (“PIP’s”) have been a growing problem for our clients. Human Resource employees and consultants are advising employers that PIP’s can be used whenever they want to get rid of an employee, regardless of the underlying reason. They are very frequently a tactic to achieve an end: getting someone to leave, resign, act out in anger, retire or otherwise depart, with as little compensation as possible, including severance, unemployment or notice-period expense. Thankfully, there are usually paper trails which can ferret out whether the motivation behind the PIP is legitimate or whether it is being used to improperly push someone out. We believe every PIP should be resisted in an effective manner.

Mediation & Arbitration

Dispute resolution processes are exist to resolve disputes when the time and cost required in Court would be prohibitive. Alternatives to Dispute Resolution (ADR) may be used to resolve many types of dispute, including employment disputes. ADR processes are often more flexible and less formal than litigation in court, providing parties with more control and greater participation over the outcome of the dispute. Usually, ADR tends to be less expensive and more efficient than the traditional legal processes.

Employment Contracts

An attorney can make a critical difference in the negotiation and drafting of the terms and language of the agreement. An attorney can review your employment contract and assure you that the language fully, accurately and clearly sets forth the essential terms of your arrangement with the employer.

Severance Agreeements

Severance Agreements provide for benefits and often impose significant obligations that could and should be examined by an attorney who has experience with such agreements. We protect clients' interests by identifying and making changes to the employment severance agreements when possible.

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