Employment Lawyers at Harding Mazzotti, LLP

Why Hire an Employment Lawyer

We all want to work in a place where we are treated fairly by our employers. We want to earn a living, provide for our family, and hopefully have a sense of personal satisfaction with the work we do. After all, we spend over a third of our lives at work.

 

Unfortunately, violations of employment law happen every day, and many workers don’t have a full understanding of their rights as employees. Whether you’re dealing with wage disputes, discrimination, wrongful termination, harassment, or other workplace issues, understanding your rights and knowing when to seek legal help is crucial. If you believe you’ve been treated unfairly at work, this article will tell you why hiring an Employment Lawyer may be your best move.

The Role of an Employment Lawyer

Labor laws at the state and federal level are designed to protect employees and ensure fair treatment in the workplace. However, given the complexity of these laws and the regulatory structure surrounding them, employees often need professional legal assistance to seek justice and secure fair compensation when their rights are violated. An employment lawyer will listen to your situation and, if necessary, help you to plan, gather evidence, and also act on your behalf with regulatory agencies and the courts by filing the appropriate complaints and legal actions.

Types of Cases Handled by NY Labor Lawyers

1. Wage & Hour Disputes

Wage and hour disputes involve claims that an employee has not been properly compensated for their work. Common issues include unpaid overtime, failure to pay minimum wage, and the lack of meal or rest breaks. An employment lawyer can review employment agreements and payroll records to identify violations and help recover unpaid wages.

2. Employment Discrimination

Employment discrimination occurs when employees are treated unfairly based on race, gender, age, national origin, religion, or other protected characteristics. Employment lawyers assist victims in filing complaints with agencies like the EEOC and represent them in court to fight for their rights.

 

Workplace discrimination is also prohibited for those belonging to certain subgroups, including pregnancy and pregnancy-related conditions (such as post-partum depression and breastfeeding), sexual orientation, and gender identity, to name just a few.

3. Wrongful Termination

Wrongful termination refers to being fired for illegal reasons, such as discrimination or retaliation. Employment lawyers help wrongfully terminated employees pursue claims for damages, negotiate settlements, and represent them in court.

4. Sexual Harassment

Sexual harassment in the workplace includes unwanted advances, comments, or conduct, even non-verbal conduct. It is illegal under federal and state laws. Employment lawyers help victims file complaints with the appropriate government agencies. They can also help negotiate settlements, and represent the employee in court, if necessary, to hold the employer accountable for their actions.

5. Severance Agreements

Severance agreements are legally binding agreements that outline the terms of an employee’s departure from a company, often in the event of a layoff, termination, or retirement. Severance agreements are governed by state and federal employment laws. Employment lawyers help employees understand these terms and their implications, negotiate better conditions, and ensure compliance with legal standards.

6. Hostile Work Environment

A hostile work environment involves offensive, intimidating, or abusive behavior that interferes with an employee’s ability to perform their work. This type of workplace discrimination is based on protected characteristics such as race, age, sex, or disability. The behavior can be physical, verbal, or nonverbal and can be directed at the employee or directed at others in their presence. Examples include:

 

  • Verbal or physical harassment, such as racist or sexist jokes, name-calling, or unwanted touching.
  • Bullying or intimidation by colleagues or superiors. 
  • Retaliation for complaining about discrimination. 
  • Refusal to accommodate an employee’s disability or religious beliefs. 

 

Employment lawyers provide advice and guidance on their legal options and help victims file complaints and pursue legal action with the appropriate government bodies to rectify these conditions.

7. Employer Retaliation

Retaliation occurs when employers punish employees for engaging in protected activities, such as reporting discrimination or speaking up about employment law violations. Common examples of retaliation include:

 

  • Firing an employee
  • Demoting an employee
  • Reducing an employee’s hours
  • Giving unfair performance reviews
  • Excluding the employee from meetings or social activities

 

Employment lawyers help victims of retaliation file complaints and seek remedies like back pay and reinstatement.

8. Whistleblower Protection

Whistleblower protection refers to laws and policies that protect employees from retaliation by their employer for reporting misconduct, fraud, or other illegal activity within the workplace. The purpose of whistleblower protection is to encourage employees to report such activities without fear of losing their jobs, facing demotion or harassment, or suffering other forms of retaliation.

 

Several robust whistleblower protection laws shield employees from retaliation for reporting misconduct. Employment lawyers guide whistleblowers through the reporting process, represent them in legal proceedings, protect the employee’s anonymity throughout the complaint process, and negotiate settlements.

3 Key Reasons to Hire an Employment Law Attorney

1. Defend Against Employer Retaliation

Employer retaliation is any adverse action taken against an employee for engaging in protected activities, such as reporting discrimination. Common forms of retaliation include firing, demotion, and unfair performance reviews. An employment lawyer can protect your rights and seek justice if you face retaliation.

2. Protect from Wrongful Termination

Wrongful termination occurs when an employee is fired in violation of their legal rights. An employment lawyer can help wrongfully terminated employees pursue justice, secure compensation, and understand potential damages, such as lost wages.

3. Review and Negotiate Employment Contracts

Employment lawyers are invaluable when reviewing and negotiating employment contracts. They can help employees understand complex legal language, identify unfavorable terms, and ensure their rights are protected.

Benefits of Legal Contract Review:

  • Negotiating Unfavorable Terms: Lawyers can help negotiate better terms. 
  • Identifying Risks: Lawyers can pinpoint misleading or unfavorable clauses. 
  • Understanding Tax Implications: Lawyers can explain potential tax consequences. 
  • Avoiding Disadvantages: Lawyers can highlight problematic clauses like non-compete agreements. 

Time Limits for Filing Complaints or Lawsuits in NY

Understanding the time limits for filing labor law-related complaints or lawsuits in New York is crucial:

  • Discrimination: Employees have 300 days from the date of incident to file with the NYS Division of Human Rights.
  • Wage & Hour Claims: 6 years for issues like unpaid wages.
  • Retaliation Claims: 3 years from the retaliatory act. 
  • Worker’s Compensation: 2 years from the injury or illness.
  • FMLA (Family & Medical Leave Act) Claims: 2 years from the violation. 

 

Consulting an employment lawyer promptly is essential to navigate these deadlines effectively. 

Turn to Experienced Legal Professionals

 

Navigating employment-related disputes can be challenging. At Harding Mazzotti, LLP, we are committed to protecting your rights and ensuring fair treatment in the workplace. We have the knowledge and the expertise to help you achieve the best possible outcome. If you face unfair treatment, harassment, or discrimination at work, consult with a trusted employment lawyer who can effectively defend your rights. Call us at 1-800-LAW-1010 for a free case evaluation and discover the actions you can take against your employer for violating the law.