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.

What is workplace retaliation?

Our New York Employment Lawyers are often contacted by employees who believe that they are being illegally retaliated against. Workplace retaliation is unlawful. If you feel you have been retaliated against for making complaints in the workplace, you should know if you are protected under the law.  Our experienced employment lawyers can help yo to determine if you are being retaliated against. Think about these questions to see if you might be a victim of unlawful retaliation:

  1. Have you recently objected to any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation?
  2. Have you recently refused to participate in any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation?
  3. Have you recently disclosed, or threatened to disclose, to any appropriate governmental agency an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation?
  4. Have you recently provided information to, or testified before, any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer?

Here are some examples of other types of complaints where the law protects you from retaliation.

Discrimination: If you are the victim of discrimination or harassment based upon your race, age, sex, religion, national origin, color, disability, genetic information, disability, sexual orientation, or your association with a person in one of these categories, then you have to follow your employer’s published discrimination/harassment policy and report it.

Wage/overtime violations: If you’re terminated for objecting to failure to pay wages owed or failure to pay overtime, you may be protected from retaliation under the Fair Labor Standards Act or your state’s wage/hour laws.

What to do:

  1. Put it in writing even if the employer’s policy says to have a meeting. You can present the written document at the meeting.  That way you have proof that you complained about something that’s protected.
  2. If you complain, keep it professional and to the point. Stick to the facts.
  3. Your employer is entitled to investigate your complaint. That means even if they have a policy of keeping your complaint confidential, your boss, the person you’re complaining about, and your witnesses and other coworkers will probably find out about it. Be prepared for that to happen, and be ready to report retaliation.
  4. If you are retaliated against for reporting something illegal, put your complaint of retaliation in writing. If the retaliation doesn’t stop, or if you get fired, disciplined, demoted, or a pay cut as a result, contact an employment attorney.

If you have any questions, or think you are being unlawfully retaliated against, contact us.  Our New York Employment Lawyers can help.

What can my employer do during my FMLA leave?

Our New York Employment Lawyers are regularly asked about what an employer can do when an employee is on FMLA leave.  Here are some points to consider: Your employer can make you use your paid time off.  Your employer may require you to take paid leave concurrently with their unpaid FMLA leave.  This may include vacation time, paid personal leave, and paid sick and medical leave.  The employer may waive any procedural requirements for the taking of paid leave and you are always entitled to their unpaid FMLA leave even if you do not meet the employer’s requirements for taking paid leave. If the employer is not making you use your paid time off for the intermittent leave, you should be entitled to use it like anyone else.

Your employer may communicate with your health care provider to get information required by the FMLA certification form.  Employers are prohibited from asking for information other than what is required by the certification form.  If the employer determines that a medical certification is not complete or is insufficient, the employer must provide written notification to you of what information is lacking and give you seven calendar days to cure the issue.

Your employer may require the certification to address your ability to perform the essential functions of your job. In the event that reasonable job safety concerns exist, an employer can require a fitness-for-duty certification before you may return to work when you take intermittent leave.

Your employer is not allowed to use your FMLA leave against you.  The employer cannot write you up for poor attendance, give you poor performance evaluations for excessive absenteeism or for failing to perform while you were on leave, demote you or fire you for taking leave.

Our New York Employment Lawyers handle FMLA and related cases from start to finish.  If you have any questions, please contact us.  All e-mails are answered by an attorney within 24 hours.

Should I Quit My Job?

NYC Severance Attorneys
NYC Severance Attorneys

Should I quit my job? Our experienced New York Employment Lawyers are asked this question all the time.  Usually, the answer is NO.  If you are thinking about quitting, contact one of our experienced New York Employment Lawyers and Severance Agreement Lawyers.  We can help advise you and possibly soften your landing with a severance agreement. In most states, harassment and bullying are not illegal.  These are only illegal if they are due to race, age, sex, disability, color, national origin, religion, pregnancy, marital status, sexual orientation, genetic information, objecting to an illegal practice of the employer, making a worker’s compensation claim, taking Family and Medical Leave, your testimony under subpoena, serving on jury duty, or some other legally-protected category.

What you should do is report the harassment or bullying to human resources or whoever the appropriate person at your company is.  Make the report in writing.  You have to give your employer time to investigate and take action to stop it.

You should also consider whether you are a victim of constructive discharge. A humiliating demotion, punitive transfer or hostility toward you are among the types of changes that might entitle you to claim constructive discharge after you resign. For example, if you resign because of intolerable discrimination or sexual harassment, or because your employer transferred or demoted you to an undesirable position in retaliation for reporting a wrongdoing, your immediate, resulting resignation might constitute constructive discharge.

Nevertheless, the law hates quitters – don’t do it.  If you want to leave, please contact us – we can help.

New York Severance Agreement Lawyers

Our New York Severance Agreement Lawyer Can Help You Negotiate a Better Severance Agreement

Our New York Severance Agreement Lawyers can help you. Your employer does not have to give you severance.  If you have lost your job, you may be entitled to severance pay under your company's severance policy or practice, or under your individual employment contract.

Our New York Severance Agreement Lawyers may be able to increase the amount of money you receive, or add benefits to your New York Severance Package like as outplacement services, extended medical benefits or other insurance, or a better job reference.

If you have lost your job, our New York Severance Agreement Lawyers we may be able to:

  •                 Get you a severance package
  •                 Review the severance package you have already been offered
  •                 Negotiate a better severance package for you

Our New York Severance Agreement Lawyers are here to protect your legal rights.  Contact us to speak with an attorney.  All calls or e-mails are returned within 24 hours.

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As of May, 2014, our success rate in negotiating enhanced severance packages is over 90%.  That being said, we obviously don't take every single case that comes our way.  Our New York Severance Agreement Lawyers are smart, aggressive and dedicated to getting the best results for our clients.

New York Severance Agreement Lawyers -- What to Consider Before You Sign!

It is extremely important to understand all of the terms of your New York severance agreement and the impact that the terms of the severance agreement will have on you in the future.  Before you sign your New York severance agreement, here are a few things you should consider:

  • Does the severance agreement contain a non-compete clause?  A non-compete is a provision that will prevent you from working for a competitor or another company for a specific time period (typically 1-2 years in NY and NJ).  If the agreement contains a non-compete clause, will it prevent you from working in the future.  One thing to consider is whether the severance agreement will compensate your for the entire non-compete period.
  • Does the severance agreement provide you with all of the benefits that you were entitled to during your employment (e.g., 401(k), pension, life insurance)?
  • Does the agreement contain all promises that were made to you verbally?  If the promises are not in the agreement, they will most likely not be enforceable.  We commonly see employers promise to pay vacation but fail to include it in the severance agreement.
  • Do you have any possible claims against the employer that you are waiving as a result of entering into the severance agreement?  Most employment attorneys will offer you a free consultation.  Take advantage of the free consultation to determine whether you have a potential claim against your employer prior to signing any severance agreement.

Please contact us if you have any questions regarding your New York severance agreement or would like a free consultation regarding your potential claims.