Understanding New York’s Employment Laws
Employment law is a very broad term, encompassing any legal matters that may occur while you’re employed.
The City of New York’s Department of Consumer and Worker Protection (DCWP) has a Workers’ Bill of Rights that outlines the entitlements of New York workers, including:
- Accommodations for those who have a disability or are pregnant
- At-will employment
- An environment that is safe and healthy
- Minimum wage
- No discrimination
- Paid family and medical leave
- Protected time off
- The right to unionize
- Unemployment benefits
- Workers’ comp and disability benefits
With discrimination, the New York State Human Rights Law lists several protected characteristics. It is illegal for any employer to treat someone differently or put them at a disadvantage for the following:
- Age
- Conviction or arrest record
- Disability
- Family status, such as being divorced or pregnant
- Gender or gender identity
- Genetic characteristics
- Immigration or citizenship status
- Military classification
- National origin
- Race or color
- Religion
- Sexual orientation
- Victim status, such as for a crime like domestic abuse
When Should I Hire an Employment Lawyer?
With employment cases, time is critical. Consulting a Southampton employment lawyer as soon as possible is always your wisest choice, as your attorney can tell you whether you have a case. If so, they can guide you through the legal process of making your claim.
It’s time to retain a Southampton employment attorney if you experience any type of illegal action at your workplace, such as:
- Breach of contract
- Denial of reasonable disability accommodation
- Discrimination for your age, race, gender, or sexual orientation
- Federal family or medical leave violations
- Employer retaliation
- Severance agreement negotiations
- Sexual harassment or assault
- Unpaid wages or other wage violations
- Wage or hour violations
- Wrongful termination
When you hire an employment lawyer, they can:
- Listen to your story. Based on their intimate knowledge of New York State employment laws, they can present to you what they feel is the correct course of action to take.
- File any necessary complaint forms with city, state, and federal agencies.
- Build you a strong case through thorough investigations and gathering evidence, including coworker witness statements, performance reviews, company polices, and any communications, like texts and emails.
- Send legal complaint letters to your employer to notify them of your grievances.
- Negotiate with your employer out of court to settle your case to your satisfaction if possible.
- Represent your interests and defend your rights if your case goes before the Suffolk County Supreme Court.
FAQs
How Much Does It Cost to Hire a Southampton Employment Attorney?
How much it costs to hire a Southampton, NY, employment lawyer depends on your specific case and its complexity. For instance, a case with a lot of evidence directly pointing to an employer’s wrongdoing may be less complicated to prove than a case requiring more investigation by your attorney. Your lawyer can provide you with a cost estimate for your particular case upon your initial consultation.
How Long Do You Have to File a Wrongful Termination Claim in New York State?
How long you have to file a wrongful termination claim in New York State varies, depending on what your claim is and what laws it impacts. For example, violations of protected characteristics under the New York State Human Rights Law need to be filed within three years of the incident, while federal discrimination claims with the Equal Employment Opportunity Commission (EEOC) should be filed within 300 days of the incident.
How Long Does a Southampton, NY, Wrongful Termination Case Usually Take?
How long a wrongful termination case takes will depend on the specific details surrounding the situation. Generally, wrongful termination cases can take a year or two to resolve. However, if the case is settled out of court, it usually takes less time. If it goes to court, it can take more time. Your Southampton employment attorney can provide you with a time estimate for your unique case.
Are Whistleblowers Protected by New York Employment Laws?
Yes, whistleblowers are protected by New York’s employment laws, mainly under New York Labor Law Section 740 (LS740). Also known as the state’s Whistleblower Law, this makes it illegal for an employer to retaliate against anyone who reports any illegal activity or unsafe working conditions happening at their place of employment. Similarly, New York Labor Law Section 741 (LS741) provides the same whistleblower protection for healthcare employees.
Trusted Representation for All Southampton, NY, Workers
For most of us, not having a job is non-negotiable, as we need to work for a living. If you’re one of the more than 2,400 working Southampton, NY, residents and are illegally mistreated at your job, a Southampton employment lawyer at Mesidor PLLC can provide skilled legal counsel.
For over two decades, the legal team at Mesidor PLLC has defended the rights of Southampton and greater New York City workers through hundreds of employment cases. Our mission is to “make ourselves obsolete” by empowering all Southampton workers with the resources and information they need to make informed decisions if they are experiencing misconduct at their place of employment.
Whether you’re a senior executive or a minimum-wage, entry-level employee, you deserve dignity and fair treatment at your job, and you should speak up if you don’t feel like you’re being treated correctly. If your employment rights in Southampton, NY, may have been violated, we want to hear from you. Contact our knowledgeable and compassionate legal team today to discuss your options.