Asserting your rights in the workplace and job search process can be a full-time job by itself. However, protecting yourself at work becomes simpler and more effective with the guidance of a skilled employment attorney. Speaking to an attorney can help you identify violations of your rights and, if necessary, lay the groundwork for legal action.
At Rissmiller PLLC, we fight for our clients’ workplace rights and have a proven track record of success. We have recovered millions in compensation for our clients and are ready to advocate for you in the most difficult employment situations.
Common Employment Issues Requiring Legal Attention
Employers can be negligent or biased, but several state and federal laws protect employees from unfair treatment. Below are some common workplace situations where seeking legal advice may be warranted.
Wage and Hour Issues
Your employer is required by law to pay wages on time, including at least the minimum wage. Depending on the type of work you do and the agreements you have made, you have the right to weekly or semi-monthly payment. In New York, the minimum wage can be up to $16.50 per hour, depending on where you live and your line of employment. Your employer must also ensure you receive overtime pay at a rate of 1.5 times your regular pay rate for the time you work in excess of 40 hours in a workweek.
If your pay is late or inadequate, your first step should generally be to notify your employer in writing. If they do not correct payment issues, your next step may be to pursue legal action. An experienced wage and hour attorney can effectively guide you through this process.
Break Violations
In addition to ensuring you receive the correct pay for your time, your employer must also ensure you receive enough break time during the day and week. Many employees have the right to a 30 or 60-minute meal break during each workday. The law also prohibits many employers from requiring employees to work more than six days a week.
Discrimination
New York’s Human Rights Law and Title VII of the federal Civil Rights Act of 1964 forbid employer discrimination against employees. An employer cannot take adverse employment actions against you for any of the following reasons:
- Race,
- Religion,
- Gender,
- Age (40 or older),
- Disability,
- National origin,
- Being a victim of domestic violence,
- Color,
- Marital status,
- Creed,
- Immigration status,
- Sex,
- Gender,
- Military status,
- Genetic characteristics, or
- Familial status.
Negative employment decisions based on these protected characteristics constitute illegal discrimination.
Adverse employment decisions include:
- Refusal to hire,
- Pay cuts,
- Demotion,
- Refusal to promote,
- Unwanted transfers,
- Termination,
- Reduction in benefits,
- Unequal pay,
- Harassment, and
- Unequal work conditions.
To establish your employer’s liability for discriminatory mistreatment, you may need to file an internal complaint at work first. Confronting discrimination in the workplace effectively can be complex, but a skilled discrimination attorney can help you obtain appropriate legal relief.
Retaliation
Employers may unlawfully retaliate against employees who report or oppose illegal practices. Retaliation includes changes in pay, assignments, harassment, or termination after exposing unlawful acts. If you experience retaliation, contact us immediately for guidance.
Wrongful Termination
In general, New York is an at-will employment state. At-will employment allows employers to terminate employees for any or no reason, but there are exceptions. An employer cannot fire you if the reason for or timing of the firing violates an employment contract or for a discriminatory reason.
Many employers hide wrongful terminations behind claims of “poor work performance” or “economic downturn,” but our legal team knows how to effectively expose false justifications. When you seek employment law advice from us, we can review the evidence in your case and determine the best path forward.
Family and Medical Leave Act Issues
Sometimes, an employee needs more than a short meal break or weekend off to address important life issues. Under the Family and Medical Leave Act (FMLA), employees facing major life events have the right to up to 12 weeks of job-protected unpaid leave. Major life events can include:
- Addressing a serious health condition,
- Welcoming a new child into your home,
- Addressing the serious health condition of a family member, and
- Helping a family member with urgent matters surrounding active duty.
Sometimes, an employee may have a right to up to 26 weeks of unpaid leave. When you properly ask for leave from a covered employer, they must grant it. Also, your employer generally must reinstate your position (or a similar position) when you return from leave.
Your Right to Complain
You can often complain about illegal workplace practices and receive compensation or changes at work to fix the issues. However, you must first determine if a law that gives you the right to complain covers your employer. For instance, federal age discrimination laws do not apply to employers with fewer than 20 employees, and VII does not apply to employers with fewer than 15 employees. Our legal team can identify which laws apply to your case and how to maximize your recovery.
Once you establish which laws apply, you can file a complaint with one of the following agencies:
- For discrimination complaints, you can file with the New York State Division of Human Rights or the U.S. Equal Employment Opportunity Commission (EEOC); and
- For wage and hour, break, or leave complaints, you can file with the U.S. Department of Labor or the New York State Department of Labor.
You might also have the right to file a civil lawsuit, but you may have to file a complaint with the government before suing. Additionally, you must file your complaint on time, which could mean filing within a few months of the workplace incident. There are many steps to seeking relief in workplace matters, and the help of an experienced attorney can be crucial to your success.
Contact Us Today
Do not let workplace problems go unaddressed. Contact Rissmiller PLLC today for a confidential consultation. Our founding attorney, Alex Rissmiller, is an award-winning advocate with a proven track record of successfully representing New York employees. Our legal team can thoroughly analyze the details of your case and help you understand your rights. Let us fight for your rights. Call us or contact us online for help.
