Employment laws in New York protect workers from unfair treatment, wrongful termination, discrimination, wage theft, and other workplace injustices. However, many employees are unsure when they should seek legal assistance. A New York employment lawyer can provide valuable guidance, helping employees understand their rights and take legal action when necessary. Below are five key situations where hiring an employment attorney may be essential.

1. Wrongful Termination

New York follows an "at-will" employment doctrine, meaning employers can terminate employees at any time, for any reason, as long as it does not violate the law or an employment contract. However, some terminations are illegal, such as those based on:

Discrimination: Employers cannot fire employees based on race, gender, age, disability, religion, national origin, sexual orientation, or other protected characteristics under federal and state laws.

Retaliation: If an employee is fired for reporting workplace violations, filing a harassment complaint, or participating in an investigation, this may qualify as wrongful termination.

Contract Violations: If an employment contract outlines specific terms of termination and an employer breaches those terms, the employee might have grounds for legal action.

An employment lawyer will assess the circumstances surrounding a termination to determine whether legal claims exist and help pursue compensation or reinstatement.

2. Workplace Discrimination and Harassment

Discrimination and harassment in the workplace create hostile work environments and can violate laws such as the New York Human Rights Law and Title VII of the Civil Rights Act of 1964. Unlawful workplace conduct includes:

• Harassment: Verbal abuse, unwelcome sexual advances, offensive jokes, or derogatory comments based on protected characteristics.
• Unequal Treatment: Denying promotions, pay raises, or job opportunities due to race, gender, or other protected statuses.
• Failure to Accommodate: Employers must provide accommodations for employees that have disabilities, under the Americans with Disabilities Act (ADA).

Employees facing discrimination or harassment should document incidents and seek legal advice on filing complaints with agencies such as the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYSDHR). A lawyer can guide employees through the process and pursue legal remedies.

3. Wage and Hour Violations

Wage theft is a significant issue affecting workers across New York. Employers sometimes fail to comply with wage laws, leading to:

• Unpaid Overtime: Under the Fair Labor Standards Act (FLSA) and New York Labor Law, non-exempt employees need to receive 1.5 times their regular pay rate for hours worked beyond 40 per week.
• Misclassification of Employees: Some employers classify workers as independent contractors, this way they avoid paying benefits and overtime. If misclassified, workers may be entitled to unpaid wages and benefits.
• Minimum Wage Violations: As of 2024, the minimum wage in New York varies by location. In New York City, Westchester, and Long Island, it is $16 per hour, while in other parts of the state, it is $15 per hour. Employers who pay less than the legal minimum may face penalties.
• Illegal Deductions: Employers are not able to make unauthorized deductions from employees' paychecks unless permitted by law.

An employment lawyer with experience with wage and hour can help employees recover lost income and hold employers accountable for labor law violations.

4. Retaliation for Whistleblowing or Filing Complaints

Any worker who report unlawful activities, such as safety violations, wage theft, or fraud, are legally protected from employer retaliation. New York labor laws and federal statutes, including the Whistleblower Protection Act, shield employees from:

• Demotions or Pay Cuts: Employers cannot lower wages or remove job responsibilities in response to complaints.
• Harassment or Hostile Treatment: Retaliation can take the form of increased scrutiny, poor performance reviews, or isolation from coworkers.
• Wrongful Termination: Firing an employee for reporting legal violations is against the law.

Employees that are experiencing retaliation should consult with an employment lawyer to explore all of their legal options, which may include filing claims with government agencies or pursuing civil litigation.

5. Employment Contract Disputes

Employment contracts define rights, responsibilities, and compensation agreements between employees and employers. Disputes may arise over:

• Non-Compete Agreements: Some employers impose restrictive covenants limiting an employee's ability to work for competitors. While non-compete agreements are enforceable in New York under specific conditions, they must be reasonable in scope and duration.
• Severance Packages: Employers may offer severance pay but include clauses that waive an employee's right to sue. A lawyer can review the terms to ensure they are fair.
• Breach of Contract: If an employer fails to uphold their end of an employment agreement, employees may have grounds for a legal claim.

Having a lawyer review employment contracts before signing can help workers avoid unfavorable terms and protect their rights in case of disputes.

When to Contact a New York Employment Lawyer

If you suspect your employer has violated your rights, consulting with an employment attorney can help clarify your legal options. Whether facing wrongful termination, wage theft, discrimination, or contract disputes, an experienced lawyer can:

• Assess the strength of your case.
• Gather evidence to support claims.
• Negotiate with employers for settlements.
• Represent you in administrative proceedings or court.

New York has strict time limits for filing employment-related claims. For example, discrimination complaints with the EEOC must be filed within 300 days of the incident, while wage and hour claims in New York generally have a six-year statute of limitations. Seeking legal guidance early can help make sure you meet the deadlines and maximize your chances of success.

Conclusion

Workplace injustices can significantly impact employees' livelihoods, financial stability, and mental well-being. If you find yourself in any of the situations above, consulting with a New York employment lawyer will help you understand your rights and take action against unfair treatment. Employers are expected to follow labor laws, and employees do not have to face legal battles alone. By securing professional legal support, you can protect your career, recover lost wages, and seek justice for workplace violations.

Need Legal Help? Brandon J. Broderick Is Here For You

If you need legal assistance with anything related to employment law, consult with a lawyer to get a better understanding of your needs. Brandon J. Broderick, Attorney at Law is a law firm dedicated to providing exceptional legal representation to employees facing workplace issues. Our team is here to help you understand your rights, evaluate your case, and develop a strategy tailored to your needs.

If you need assistance with an employment-related issue, contact us today for a free consultation.