NY Employment Attorneys

What can a NYC employment lawyer do for you?

A lot, actually. A good NYC employment lawyer can help you in a lot of ways you might not be aware of. This article lays out some of the ways that the NYC employment lawyers at our firm can assist you. While this article focuses primarily on NYC Employment Lawyers, it is just as applicable to employment lawyers outside of New York City – it just so happens that we work here.

  • A NYC Employment Lawyer can work with you behind the scenes.

One of the most common misconceptions about employment attorneys – in fact about nearly all attorneys – is that as soon as you’ve hired an attorney, you are going to court. Nothing can be further from the truth. A good employment attorney will start out by working with you behind the scenes to help guide your actions. This is especially useful when you are still employed, but having issues at work (e.g. harassment).

  • A NYC Employment Lawyer can help you get severance.

If your employment has been terminated, an employment attorney can help you get a severance. Contrary to popular belief, most employees are not entitled to severance. In reality, when employees get what they call a “severance agreement,” what they are really getting is a “severance agreement and release.” In exchange for some money (severance) from the company, the employee agrees not to sue (release). An employment attorney can find the leverage points to get severance. For more information on severance, you can look at our other articles. We do a lot of severance work here.

  • If you have already been offered severance, a NYC Employment Lawyer can help you get more severance.

The only thing better than severance, is more severance. You don’t necessarily have to take the employer’s first offer. If you are over 40, the law requires at least 21 days to consider any offer of severance. Use this time to contact an employment lawyer. A good one will help you turn some severance into more severance.

  • A NYC Employment Lawyer can negotiate with your employer

Often, our firm negotiates directly with the employer to get a better severance for our clients.  If you have been offered a severance, consider contacting an employment attorney for help.

  •  A NYC Employment Lawyer can file a lawsuit against your employer.

We put this one last for a reason.  Lawyers are probably best known for filing lawsuits, but most lawyers provide services so that their clients can avoid litigation altogether.  However, if you are interested in filing a lawsuit against your employer, take a look at our practice areas, these might give you an idea of the sorts of issues that employment lawyers can help you with.

If you need more information or a free consultation, feel free to contact us.  We would be happy to help.

 

Do I Need An Employment Lawyer?

Do I need an employment lawyer? Our experienced New York Employment Lawyers get calls all the time for people who are not sure whether they need an employment lawyer. You cannot bring an action just because you think it was “unfair” to terminate your employment.  There is no such thing as “unlawful termination,” or “wrongful termination.”  Unless you have an employment contract, there is really no such thing as wrongful termination.  So how do you decide whether or not to contact an employment lawyer?

Why …

There are times during the course of your employment when you may need an attorney. For example:

Deadlines: Employment laws are a morass of confusing deadlines and procedural requirements.  If you do it yourself, you might miss something and lose your claim.

Confusing claims: There are some employment laws that you might not know about and there are some laws you think exist, that may not.

Being taken seriously: Some employers will not take you seriously unless you have representation.

Confrontation and advocacy: Some people do not want to find themselves in a confrontational situation or advocating for themselves. Sometimes it’s better to have someone else advocate for you.  Attorneys are trained advocates.

When …

You should contact a lawyer immediately if:

Your current or former employer sues or threatens to sue you;

You are being asked to sign an something that you don’t fully understand, like an employment agreement, non-compete, confidentiality clause, or arbitration agreement;

You have been retaliated against for complaining about discrimination or something illegal the employer has done;

You are not being paid all the wages you’re owed (including time and a half for overtime);

You are misclassified as exempt from overtime or as an independent contractor;

You believe that you have been a victim of discrimination based upon your race, sex, religion, ethnicity, disability, age, pregnancy, national origin, color, genetic information, objecting to discrimination, or request for medical leave to care for yourself or a family member.

Do I have a case?

That’s the million dollar question, isn’t it?  The devil is in the details, but the following checklist should be a good place to start:

Cases involving termination, demotion, or suspension without pay

If you answer “yes” to any of these questions, you may have a claim. Definitely contact us if any of these occurred shortly before you were terminated, demoted, suspended, or otherwise disciplined:

●          You made a worker’s compensation claim shortly before being fired.

●          You recently objected to, refused to participate in, or reported illegal activity or discrimination by the company

●          You recently had surgery, revealed the existence of a medical condition, genetic information or pregnancy.

●          Your employer made a false statement of fact (as opposed to opinion) about you to someone outside the company, such as a potential employer.

●          You recently performed jury duty.

●          You recently served in the military.

●          You recently took family or medical leave.

●          You recently served as a witness in a lawsuit or provided testimony or evidence to EEOC.

●          You recently engaged in activity for the benefit of co-workers with respect to terms and conditions of employment.

●          Your employer fail to pay you for all hours worked, or fail to pay overtime if you worked over 40 hours per week.  Many times, employees are misclassified as exempt and will be owed back wages for up to 2 - 3 years.

Discrimination claims

It is not illegal to discriminate against you for being you. Your boss does not have to like you.  He/she does not have to be nice to you.  However, if the discrimination or harassment fits into one of the categories below, you should contact us to find out more about your rights and your responsibility to report it before you make a claim.

● Race ● Sex ● Sexual harassment ● Religion ● Ethnicity ● Disability ● Age ● Pregnancy ● National origin ● Color ● Genetic information ● Retaliation for objecting to discrimination

If you feel that you have been treated differently than others of a different race, age, sex, national origin, disability, religion, sexual orientation, or color you should contact us.

NY Employment Lawyers

State and federal law prohibit against employment discrimination based on your race/color, sex, sexual orientation, gender identity, national origin, and religion as well as discrimination based on pregnancy or a disability.  This discrimination may be in the form of unequal treatment regarding your pay, wage, medical leave, or you may be experiencing sexual harassment.   Unequal or unfair treatment and discrimination can take many forms.  This is why you should consult with our experienced NY employment lawyers to help educate you about your rights and fight for you. Granovsky & Sundaresh has extensive experience fighting for our clients’ rights in state and federal courts.  Our experienced NY Employment Lawyers will represent you aggressively, honestly and effectively. If you feel that you are a victim of discrimination, or otherwise a victim of unfair or unlawful termination, you should absolutely have one of our experienced NY Employment Lawyers review your potential claims.

We will give you an honest assessment of your situation and, if we decide to work together, we’ll develop a straightforward plan of attack to get you the results you deserve.  Contact us for a free consultation.  An experienced NY employment attorney at our firm will get back to you within 24 hours.

NY Labor and Employment Lawyer

NY Labor and Employment Lawyer

Most employees will be laid off, fired or otherwise have their employment terminated at some point during their careers. Our NY Labor and Employment Lawyers can help you fight back and understand your rights.

If your employment is terminated, there may be something you can do about it.  You should talk to an experienced NY Labor and Employment Lawyer about your rights.

Employment laws uphold the rights of current and former employees and even job applicants.

If you believe that you were or are being treated unfairly by your employer you should contact a NY Labor and Employment Lawyer to evaluate your rights under federal, state and city employment laws.

Our NY Labor and Employment Lawyers have extensive experience in:

  • Discrimination
  • Harassment
  • Employee Benefits
  • Whistleblower Litigation
  • Wrongful Termination
  • Retaliatory Discharge or other Retaliation
  • Employment Contracts and Non-Compete Agreements
  • Executive Compensation Agreements
  • Severance Packages
  • Americans With Disabilities Act (ADA)
  • Family Medical Leave Act (FMLA)
  • Occupational Safety and Health Act (OSHA)

Our NY Labor and Employment Lawyers will fight for you.

Please contact us for a free consultation today.  An attorney at our firm will get back to you within 24 hours.

 

What is a Reasonable Accommodation under the ADA?

The Americans with Disabilities Act (www.ada.gov) ("ADA") requires employer to provide “reasonable accommodations” to their disabled employees.  But what exactly is a reasonable accommodation under the ADA? The Code of Federal Regulations defines an accommodation as “any change in the work environment or the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities."


In general, there are 3 categories of reasonable accommodations:  (1) modifications/adjustments to the job application process, (2) modifications/adjustments to the work environment, or (3) modifications/adjustments that enable the employee equal benefits and privileges of employment that similarly situated employees without disabilities enjoy.  In general, the disabled employee must inform the employer of his or her desire for an accommodation.

A reasonable accommodation under the ADA may include:

  • making existing facilities accessible;
  • job restructuring;
  • part-time or modified work schedules;
  • telecommuting
  • acquiring or modifying equipment;
  • changing tests, training materials, or policies;
  • reassignment

Recall that the accommodation has to be “reasonable.”  While there is no clear cut test for what is reasonable, it essentially comes down to common sense.  To be reasonable an accommodation has to be practically feasible from the employer’s perspective.  From the employee’s perspective, an accommodation is reasonable when it enables the employee to perform the essential functions of his or her own job and provides him or her with an equal opportunity to enjoy the benefits and privileges of employment that employees without disabilities enjoy.

Too many people misunderstand their rights under disability discrimination laws.  If you have any questions, please contact us for further information.