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It is important to be aware of common misconceptions with employment laws. Although many people are aware that they have the right to seek damages for discrimination and harassment by an employer, most people are not sure whether or not they have an actionable claim.
Because some people rely on “common wisdom,” a number of misconceptions about employment claims that exist could hurt the disposition of your case of employer discrimination.
Discrimination and harassment are the same. Although they are often lumped together and can be associated with each other, the legal understanding of discrimination and harassment differs.
Discrimination deals with employment decisions like recruitment, interviewing, hiring, promotion and terminations. If an employment decision is made based on age, race or ethnicity, gender, religion, or disability, then that decision is discriminatory.
When negative actions outside of employment decisions are directed at an individual person, the misconduct is called harassment. Examples of harassment in the workplace are racist jokes, slurs and insults, and unwanted physical contact.
If an employment decision is unfavorable to a member of a minority group, it qualifies as an actionable claim of discrimination.
An employer is within his rights to terminate an employee as long as the reason for the termination is not based solely on the fact that the employee is a member of a protected class and he follows the company’s own personnel protocol.
It is not membership in a minority group that makes the employment decision actionable discrimination; it is whether the employment decision is based upon the membership in that group.
Gender discrimination or sexual harassment only happens to women. On the contrary, men as well as women can be victims of discrimination based on their gender or sexual orientation. Employment laws in New York City cover gender discrimination at work for both men and women.
If you signed an employment contract, you have no right to sue your employer over dismissal. A contract, which limits your ability to sue, is not an automatic bar to filing a wrongful dismissal lawsuit. Numerous legal defenses can be considered and a skillful attorney can often successfully challenge the terms and validity of the employment contract, allowing for the possibility of damages awarded by the courts or a successful settlement.
Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.
View All TestimonialsDuring the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired!
Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial
Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.
Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
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