Employment Lawyers at Harding Mazzotti, LLP

Employment Law FAQs

We answer some of the most common questions we receive as Employment Law Attorneys.

When dealing with workplace conflicts like discrimination, wrongful termination, or issues with contracts and compensation, an employee needs an employment law attorney. It is essential for safeguarding your rights and dealing with complicated employment laws.

An employment lawyer represents employees dealing with claims concerning, among other things, wrongful termination, salary disputes, harassment, and discrimination. They can help clients collect information and build a solid case. Experienced employment lawyers understand the requirements and have the resources to gather the expert witnesses, references, and documentation to create an effective legal strategy.

When an employee’s termination is unlawful, it is referred to as wrongful termination. This occurs when a termination violates an existing oral or written employment agreement, or a worker protection law/statute. Wrongful termination would occur if the employee’s dismissal was brought about by a factor such as discrimination or retaliation.

When your employer punishes you for exercising your legal rights or for engaging in lawful conduct, it is known as retaliation. It is illegal for an employer to retaliate against an employee for:

  • Reporting or filing a discrimination or sexual harassment claim
  • Participating in an investigation or a lawsuit about a claim
  • Reporting that your employer is doing something the employee reasonably believes is illegal or violates a rule, statute or ordinance.
  • Retaliation laws may also provide protection when your employer retaliates after you inform your employer that you believe they are doing something you reasonably believes is illegal or violates a rule, statute or ordinance.

Retaliation can often appear in the following aspects of employment: 

  • Hiring, firing and layoffs
  • Pay and fringe benefits
  • Job assignments, promotions and training
  • Other terms or conditions of employment

Sexual harassment can involve:

  • Making sexually offensive remarks or jokes. This remarks or jokes do not have to be directed at you or about you.
  • Unwanted touching
  • Forcing someone to participate in sex acts
  • Asking for suggestive favors, like digging coins out of a boss’s pants pocket
  • Displaying pornographic media
  • Making comments (either flattering or insulting) about someone’s gender or sexual preferences
  • Making sexual gestures (simulating sex acts)

New York State has its own minimum wage laws, separate from federal employment law. New York state law often provides greater relief than the federal laws do. These wage laws vary based on location and employer size. New York further sets special rules regarding payment frequency, employee expenses, minor employment, and deductions not covered by federal courts. New hires must also get wage rate notices in both English and their primary language, as well as compliant salary statements.