Legal Services

When to Consult with a NY Employment Lawyer

There are many reasons to consult and hire a NY Employment Lawyer.  You may have been fired on the basis of your age, race, disability, gender or sexual orientation.  Similarly, it is possible that you encounter resistance when trying to take family leave time. It could be an explicit message or threat. Any one of these or other problems should prompt you to consult a NY employment lawyer.

Granovsky & Sundaresh PLLC is a Manhattan based law firm comprised of experienced and aggressive NY employment lawyers.  Our team has extensive experience in cases involving discrimination, wrongful termination, retaliation, sexual harassment and other employment law violations. If we believe that your employment rights have been violated, our law firm will vigorously represent you to protect your rights.  However, not every offensive action in the workplace rises to the level of an actionable case.  A NY Employment Lawyer will provide you with an honest assessment of your situation.

If you believe that your employer has violated the law, the time to contact a NY employment lawyer is now. Waiting too long can harm your ability to obtain compensation and justice. During that time, you may say or do something that could serve to justify your termination or an adverse employment action. Get the help you need today.

We offer free phone consultations for people who have lost their jobs.   If you need help, please contact us and an experienced NY Employment Lawyer will contact you within 24 hours.

Disability Discrimination in New York

Disability Discrimination in New York Unlawful Termination – Disability Discrimination

Extended Leave of Absence May Be a Reasonable Accommodation Under New York City Human Rights Law

The following post addresses a topic of disability discrimination in New York – whether an extended leave of absence may be considered a reasonable accommodation under New York City Human Rights Law.  In LaCourt v. Shenanigans Knits, Ltd., No. 102391/11  (N.Y. Sup. Ct., N.Y. Cty., Nov. 14, 2012), an employee informed her supervisor of her recent breast cancer diagnosis and decision to undergo a double mastectomy.  Prior to her scheduled surgery date, the employee met with the company’s president, who informed her that the company was discharging her because of the significant recovery time required for her surgery and the importance of her position. Employee filed suit, alleging disability discrimination in violation of the New York State Human Rights Law and the New York City Human Rights Law.  The employer argued that the employee could not perform the essential functions of her job because she planned to be absent from work for more than three months.  The court rejected this argument and held that the company ignored its legal obligation to consider a reasonable accommodation and to engage in the interactive process with the employee.  While an employer is not required to hold a position open indefinitely, the Court held that a temporary leave of absence, even an extended leave, can be a reasonable accommodation. Because here, the employer did not engage in the interactive process at all and failed to establish that they would have suffered an undue hardship by granting the plaintiff a three-month leave of absence, the Court held that the employee had stated a valid cause of action under the New York City Human Rights law.

If you feel you are the victim of disability discrimination in New York, or have been unlawfully terminated, please contact us.

 

EEOC Releases Workplace Discrimination Charge Statistics

The Equal Employment Opportunity Commission (“EEOC”) has made released its workplace discrimination litigation statistics for 2012.  In total, the EEOC received 99,412 charges of employment discrimination and unlawful termination from October 1, 2011 and September 30, 2012 (versus 99,947 charges in 2011).  The EEOC filed 122 in 2012 (as compared to 261 in 2011).  The 2012 lawsuits resulted in a total monetary recovery of $44.2 million. The EEOC enforces many federal unlawful discrimination statutes, prohibiting workplace discrimination, including Title VII (which covers race, gender, national origin, and sexual orientation, among other protected classes); the Age Discrimination in Employment Act (age discrimination); the Americans with Disabilities Act (disability discrimination); the Equal Pay Act (pay discrimination); and the Genetic Information Nondiscrimination Act (genetic information discrimination).

The most prevalent charges filed with the EEOC in 2012 were for retaliation (38.1%); race discrimination (33.7%) and sex discrimination (30.5%).

If you feel that you have suffered any workplace discrimination, harassment or have been unlawfully terminated, please contact us.

NY Employment Law -- What is the Duty to Mitigate?

If your employment has been unlawfully terminated, you may be entitled to recover damages in a variety of forms, including front pay.  Front pay is pay to a former employee for monies that he/she would have earned, but for the unlawful termination of employment. However, an employee who was unlawfully terminated cannot just sit at home and wait idly to collect front pay.  The law imposes what is called a "duty to mitigate," which means that the employee has the duty to mitigate his or her losses. If an employee fails to look for work, he/she will not be eligible for an award of front pay during any period in which he/she is not actively seeking work.  The phrase used by the courts is that the employee must be "ready, willing, and able" to obtain employment.  If, instead, the employee elects to stay home, he/she is considered to have withdrawn from the job market and, as a result, is ineligible to receive an award of front pay.  However, if the employee makes constant and good-faith efforts to seek similar employment, he/she is eligible to receive front pay if victorious at trial.

The cases are very fact specific and difficult to predict.  However, at least one thing is settled -- an employee who makes no attempt to look for work after an allegedly unlawful termination is deemed to have voluntarily withdrawn from the job market and is ineligible for an award of front pay for that time.  If you have any questions about your NY unlawful termination or the duty to mitigate, please contact us.

What is Wrongful Termination in New York?

NY Employment Lawyer
NY Employment Lawyer

Our NY employment attorneys often receive calls from potential clients who believe they suffered Wrongful Termination.  However, the term Wrongful Termination is misleading because in New York (and most other states), employment is “at will.” unless there a written agreement.  This generally means that employers can fire or terminate an employee for any reason, or for no reason at all.There are some exceptions to this rule.  For example,

  • Employers cannot discriminate against you on the basis of age, sex or gender, race, national origin, disability or perceived disability, pregnancy status, marital status, or sexual orientation and terminate you because you fall into one of these categories.
  • If you have an employment contract with your employer, which states that you cannot be fired without just cause for a specific period of time.

Otherwise, employers may terminate employees for any reason or for no reason at all.  You may find this surprising, but employers may fire you if they don’t like you, or even if they just don’t like the clothes you’re wearing.  It is perfectly legal for employers to be mean when they fire you or to have totally arbitrary reasons for firing you.

However, it is illegal for your employer to terminate you for a discriminatory reason.  if you believe you have been fired forreasons that may constitute employment discrimination or a breach of contract , then you should consider consulting with an attorney.  Our NY employment attorneys are here to help -- please contact us for a consultation if you feel that you have been a victim of wrongful termination or discrimination of any kind.