ny employment lawyer

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.

Reasonable Accommodation Under the ADA

The Americans with Disabilities Act (ADA)  requires employers to engage in an interactive process with a disabled employee to determine whether the employer can provide a reasonable accommodation under the ADA to the disabled employee. A reasonable accommodation under the ADA requires that the employee be able to perform essential functions of a position.  Recently, the 2d U.S. Circuit Court of Appeal recently reversed summary judgment in favor of an employer, and returned the case to the lower court for additional factual analysis to determine whether an individual whose medication kept him from coming to work on time could be disciplined for attendance violations based upon that lateness. McMillan v. City of New York, 2d Cir., No. 11-3932, March 4, 2013.

Rodney McMillan has schizophrenia and has been employed by the City of New York, for ten years. McMillan’s agency has a flex-time policy, and approves tardiness under certain circumstances.  McMillan’s medication can make him sluggish, which resulted in his late arrival to work several times.  The tardiness is a function of the treatment for his condition.

Prior to 2008, McMillan’s tardiness was never a problem.  Then, in 2008, his supervisors refused to approve any more late arrivals.  McMillan requested a later start time, but was told that this was not possible because McMillan would then have to work after 6:00 p.m., after which no supervisors were present.  McMillan also stated that he would be willing to work through his lunch hour, but that suggestion also was rejected.

In 2009, McMillan was fined eight days’ pay for late arrivals and was ultimately suspended for 30 days without pay for his “long history of tardiness.”

McMillan sued the City, alleging violation of the ADA. In support of his claim, McMillan argued that his requested accommodations were reasonable, as he often worked past 7:00 p.m., so he could arrive late and still work the required 35 hours a week.

The district court granted summary judgment for the City, holding that the court was “required to give considerable deference to the employer’s judgment” as to whether timely arrival at work was an essential function of a particular job.  On appeal, the Second Circuit reversed, finding that while a “timely arrival is normally an essential function,” the lower court “appears to have simply assumed that McMillan’s job required at least seven hours of work each day and that the work could not be successfully performed by banking time on some days to cover tardiness on others.”

The Second Circuit pointed out the facts that McMillan’s lateness had been allowed for years without discipline, and that the City allows flex time hours and regularly permits employees to “bank” time to cover certain late arrivals, all of which undermine the City’s assertion that it would have been an undue hardship to grant McMillan’s request for modified work hours.

The take-away  is that a Reasonable Accommodation under the ADA may require an employer to allow for flexible working time for its employees, where such a reasonable accommodation would still enable that employee to perform the essential functions of his or her position.

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.

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.

 

Small Business Employment Law Advice

NY Employment Lawyers - Small business employment law:

How to avoid discrimination claims in the hiring process for small businesses:

  1. Whenever possible, make sure to have job announcements and employment applications reviewed by an attorney before they are used.
  2. Include only job-related information in an employment application.
  3. Note on the application that your company has an anti-discrimination policy and that employment is “at will,” meaning it may be terminated by the employer or employee at any time for any reason.
  4. All job qualifications and requirements must be job related (e.g. skills, experience), not personal (political views, age, gender, etc.), and presented in formal job descriptions.
  5. Keep job interviews within a well-drafted outline.  Don't ask questions about personal matters.
  6. Do not cite specific reasons for not hiring an employee in turn-down letters.  Less is more.

This is the first in our series designed for small businesses.  We will continue this series of small business employment law advice in subsequent posts.

Please contact us if you have any employment law questions about your small business in New York or New Jersey.

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.

Sexual Harassment

Sexual harassment is any verbal or physical interaction which is both unwanted and sexual in nature.  Sexual harassment can also take the form of sexual suggestions or explicit language, or a pattern of sexist remarks. According to the EEOC, sexual harassment occurs, "when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment."

Examples of Sexual Harassment

  • Verbal abuse, jokes or conversations about sex
  • Offensive words on clothing, and unwelcome comments and repartee.
  • Touching and any other bodily contact such as scratching or patting a coworker's back, grabbing an employee around the waist, or interfering with an employee's ability to move.
  • Pressure for sex or dates, or unwanted flirting.
  • Transmitting or posting emails or pictures of a sexual or other harassment-related nature.  These can be posters, calendars, signs or clothing.
  • Sexually oriented entertainment at a work related event.
  • Playing sexually suggestive music.
  • Comments on a person’s appearance that make the person uncomfortable because of his or her sex.
  • Unwanted touching.
  • Offering promotions or other job favors for sex, or threatening retaliation for denial of sex.

For more information on NYC sexual harassment, see:  http://www.nyc.gov/html/cchr/html/employment.html

For more information on sexual harassment, see:  http://www.eeoc.gov/laws/types/sexual_harassment.cfm

If you feel that you have been the victim of sexual harassment, please contact us for a free initial consultation.