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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 TestimonialsOlivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial
Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial
I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... 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
This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!
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
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 🙂
Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial
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
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
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Derek Smith
Our experienced employment lawyers are dedicated to resolving your workplace rights concerns with expertise and care.
