In an ideal world, employees would be treated fairly by their employers. The reality, however, is that employee mistreatment happens - they can take the form of discrimination, wrongful termination, violations of the employment contract, harassment, endangerment of health and safety, among other things. When mistreatment occurs, an employee may (rightfully) look to the law for recourse. This is where labor and employment attorney in NYC can help. Lawyers can help determine whether legal recourse is the correct route for your particular situation and can advise you on how to move forward.
Reasons to Hire an Employment Lawyer
When you feel like you are being treated unfairly by an employer or former employer, you may want to know what your rights are and how to go about asserting those rights. You may first want to deal with any problems by confronting your employer directly. The human resources department may be able to act as a mediator.
If you find that conversations with your employer do not remedy the situation or that the situation involves illegal actions, you may have to resort to legal action. In addition to providing legal services, an employment lawyer can advise you on handling difficult situations with employers and can help you decide whether legal recourse would be an appropriate next step. Because labor law can be complex and broad, it is important to look for a lawyer who is knowledgeable and experienced in employment law.
Discrmination At Work
Both New York state and federal laws protect employees against discrimination based on characteristics such as race, gender, age, sexual orientation, and national origin. If you plan to file a lawsuit based on federal employment law, you have to first file a charge with the Equal Employment Opportunity Commission (EEOC), the government agency tasked with enforcing federal laws concerning employment discrimination.
In New York, there is typically a time limit of 180 days from the day you learned of the discriminatory practice for filing a charge. If your discrimination claim is based on state or local law, you will have to file a claim with either the New York State Division on Human Rights (NYSDHR) or the New York City Commission on Human Rights (NYCCHR). If any of these administrative agencies resolve your case, you may not have to take your claim to court. If you file with either the NYSDHR or NYCCHR, be advised that you will not be able to proceed with the claim to court under state law (barring some exceptions).
It may be helpful to consult with a lawyer to fully explore your options. You may ask: can your employer fire you if you hire an attorney? Federal law protects against retaliation by an employer who finds out that you are pursuing legal action.
Fired for No Reason
If you have been terminated without reason, you may have recourse in certain instances. In New York, private-sector employers generally do not have to provide a good reason for terminating an employee. Public-sector or government employers may have more obligations under collective-bargaining agreements. Most employees in New York, however, are “at-will,” which means that they can be let go for any reason or none at all. Termination may be illegal or deemed “wrongful termination” if it involved discrimination or some sort of contractual violation.
Employer Violated Employment Contract
Another reason you may want to pursue legal action against an employer is if your employer violated the terms of the employment contract. Before you accept an employment offer with any employer, you should read, understand, and negotiate the terms of your employment contract so that you can set the conditions of your employment. If your employer deviates from the terms of the contract (with regard to compensation, benefits, termination, or otherwise), you may be able to take legal action for breach of contract.
Hire Attorney if Employer Fighting My Unemployment
A former employer may fight or deny your employment benefits by filing an objection with the unemployment agency, usually on the grounds that the termination was voluntary or based on misconduct on part of the employee. The agency will gather evidence and hold a hearing; the party that loses can appeal. An employment law attorney can help you file an appeal, submit arguments on your behalf, and represent you in court.
Hire a Lawyer to Write a Letter to Your Employer
One pre-lawsuit tactic that you may have heard of is to hire a lawyer to write a letter to your employer addressing particular complaints and grievances. This letter is supposed to give the employer an opportunity to cure the infringements. If you are looking for ways to avoid a lawsuit, you can discuss the possibility of sending a letter with your attorney.
Your attorney will be best able to assess whether sending a letter will be effective in your particular situation. Be advised, however, that a letter of this sort may not be the right strategy in many situations. Your attorney will know the best way to move forward.
Where to Find a Good Attorney
If you are interested in pursuing legal recourse against an employer, it is important that you find a “good” attorney. A good attorney in this situation would be an attorney who specializes in employment law, is well-versed in both state and federal labor laws, and has a track record of successful cases. You will also want someone who believes in and will advocate for your case. You will want to look for reputable attorneys in your area and attend consultations with ones that have served cases similar to yours. Evaluate potential attorneys globally, paying attention to reviews by former clients, the kinds of cases the attorney(s) have handled in the past, their track record, and your impressions upon meeting them.