NY Harassment Lawyers

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.

 

Liberal Standard for Hostile Work Environment Claims Under the New York City Human Rights Law

Sexual Harassment – New York City A group of female plaintiffs alleged that the defendant, a doctor, created a sexually hostile work environment in violation of the New York State and City Law.  Plaintiffs claimed that the doctor sent them, as well as other employees (both male and female), offensive emails, and made various sexual comments and gestures toward them, including remarks regarding their breasts. The lower court granted the doctor’s motion for summary judgment, reasoning that the doctor’s conduct would be equally offensive to male and female employees. On appeal, the appellate court held that a jury could reasonably determine that the defendant sent the emails to provoke a reaction from women in the office, and that the plaintiffs were singled out from male employees. The appellate court held that the plaintiffs’ evidence fell short of meeting the severe and pervasive standard required to state a claim under the New York State Law, but that under the City Law, questions of severity and pervasiveness are irrelevant. Accordingly, the appellate court held that the plaintiffs’ claim survived because the doctor’s conduct, even if “isolated,” signaled that the doctor considered it appropriate to foster an office environment that degraded women.  The court therefore reinstated the plaintiffs’ claim under the City Law.  The case is Hernandez v. Kaisman, No. 104989/07 (1st Dep’t Dec. 27, 2012).

If you feel you have been subjected to a hostile work environment, or have been unlawfully terminated, please contact us.

What is Constructive Discharge?

What is Constructive Discharge? Constructive discharge is where an employee quits work for good cause.  However, most courts are reluctant to find that an employee was constructively discharged. The standard is usually that no reasonable employee would have tolerated the conditions of employment.  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. Our experienced New York Employment Attorneys have seen many cases of extreme harassment that did not constitute constructive discharge by the employer.

We advise that you don’t quit.

Instead you should

  1. Look for another job,
  2. Complain to HR – and put it in writing, and
  3. Contact us – our experienced New York Employment Lawyers can help!

Remember, just because your employment situation is bad, it does not mean that you were constructively discharged. If a court determines that you quit - and did not suffer constructive discharge - your employment case may be dead in the water. We strongly advise you to contact an employment lawyer, well versed in constructive discharge and to stick it out at work until we develop a plan for your departure. Your job matters and you deserve to work in a discrimination and intimidation free workplace. Contact our employment lawyers today for help.

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.

Is this Harassment Illegal? | NY Harassment Lawyers

Let our NY Harassment Lawyers help you. We receive many calls from potential clients inquiring whether the harassment they are experiencing at work is illegal.  Most people assume that the harassment is illegal because it is unfair, degrading and/or abusive.  However, NY Harassment Law does not protect employees unless the harassment is severe and pervasive AND is based on a protected characteristic.  This means that we need to be able to prove that the harassment you are suffering at work it a result of your race, gender, religion, disability, age, sexual orientation or other protected characteristic.  If that harassment is not based on one of these protected characteristics, it is not protected by the law.  Unfortunately, the law allows an employee to quit if he is unhappy with the work environment, but it does not protect the employee from the abuse unless the employee can meet the requirements for an intentional infliction of emotional distress claim. Our NY Harassment Lawyers can help you analyze your potential claims.

NYC Unlawful Termination Lawyers
NYC Unlawful Termination Lawyers

If you have questions regarding whether you are suffering illegal harassment, please contact our NY Employment Lawyers.

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.

 

NY Sexual Harassment Lawyer

Let a NY Sexual Harassment Lawyer Help You

NY Sexual Harassment Lawyers can assist you with any harassment or discrimination issues that you are experiencing at work.  Our lawyers handle a host of other NY Discrimination Law issues.  NY Employment Law, NYC Employment Law and Federal Employment law all protect employees from illegal treatment at work.  Let our NY Sexual Harassment Lawyers help you understand your rights and get what you have earned.

If you believe you are a victim of sexual harassment at work for any reason, please contact a NY Sexual Harassment Lawyer at our firm for a free initial consultation.