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Employment Law

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Employment Law Attorneys in New York City
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Employment Lawyers with Over 25 Years of Experience in Helping Victims of Employee Rights Violations.

Employment law attorneys help protect employees and job applicants from discrimination and harassment in the workplace. No matter the type of employment law violations you face in the workplace, you deserve an attorney to help you receive justice.

Employment law violations take many forms. They can violate your civil rights, deny you proper wages for the hours worked or create issues rooted in retaliation (i.e., wrongful termination and demotions). When you face any violations of your rights as an employee, you deserve an attorney that believes in justice. You deserve a lawyer that will stand up against these injustices for you. Your attorney should advocate for your rights the way they would for their own.

The dedicated employment lawyers at the Derek Smith Law Group have advocated for victims of employment law violations for over 25 years. They will help you from the moment you enter the office by listening to your story. From there, they will walk you through each step of filing your initial claim through settlement and litigation if necessary.

What Are Employment Law Violations?

Employment law violations affect the rights of employees everywhere. If you work as an employee, independent contractor, temporary worker, intern, or gig worker, you have certain rights. You have the right to the following:

  • Proper Compensation
  • A workplace free from Employment Discrimination and Sexual Harassment
  • Whistleblower Protections
  • A workplace free from Retaliation
  • Family and Medical Leave from Qualified Employers

What Rights Does Employment Law Cover?

Employees, contrary to the beliefs of many employers, have rights. They have a right to fair wages.

Employees have the right to work in an environment free from discrimination and sexual harassment. They have a right to take medical leave when needed. They have the right to act in accordance with their ethical and moral standards. They have this right even if it results in legal action against their employer.

Federal and local laws protect these rights. Some of the issues that fall under the employment law umbrella include, but are not limited to:

Discrimination. Title VII of the Civil Rights Act of 1964 protects employees and job applicants from experiencing negative employment actions based on protected class status. Additional federal and state laws may also offer protection. Discrimination can come from employers, CEOs, managers, supervisors, coworkers, clients, and business associates.

Protected classes include:

  • Race
  • Religion
  • Color
  • Citizenship Status
  • Disability
  • Age
  • Gender
  • Sex
  • Sexual Orientation
  • Gender Identity
  • Genetic Information
  • Military Status.

Sexual Harassment. Federal and local laws protect all employees and job applicants from being sexually harassed, abused, or assaulted in the workplace.

Sexual harassment is unwanted sexual contact, comments, or advances towards an employee or job applicant. It can occur in person, as online sexual harassment, or criminal sexual assault. It also appears as targeted sexual harassment, specifically against members of the LGBT community.

Retaliation. Employees and job applicants are permitted to report wrongdoing at work without the fear of being treated unfairly as a result. Retaliation occurs when your employer decides to treat you poorly because you exercised your right to report an issue.

Retaliation can include:

  • Termination
  • Demotion
  • Change of shifts
  • Negative employment reviews
  • Denying a position to an employee
  • Refusal of Time Off

Wrongful Termination. Employees have the right to maintain their employment despite being a member of a protected class or reporting wrongdoing in the workplace. Your employer cannot fire you because you refused their advances, refused to participate in illegal activities, or reported the wrongdoing to the proper department.

Wage and Hour Issues. Wage and hour issues include anything related to payroll, tax deductions, and employee classifications. Some issues included in Wage and Hour issues include:

  • Minimum Wage Laws
  • Tipped Employee Laws
  • Mass Layoff and the WARN Act
  • Severance Packages
  • Hourly Employee Compensation
  • Salaried Employee Compensation
  • Who Is an Independent Contractor?

Whistleblower Claims. When an employee of a government agency sheds light on the employer’s illegal activity, whistleblower laws protect that employee. The laws encourage whistleblowers to report illegal activity. When employers violate these laws, the employees have rights. They have the right to protection from retaliation, persecution, and more.

Family and Medical Leave Act. Employees who work for companies with more than 500 employees have the right to take time off from work. They have the right to come back to their job when their leave expires.

FMLA Leave can give employees time off in times of severe illness, injury, or the addition of a child to the family. They can use this time to care for themselves, their immediate family members, or welcome a new child.

Employment Contracts. Contracts between employees and employers are meant to be followed, barring any extenuating circumstances. When an employer violates the contract, the employee has rights under employment law guidelines.

Why Should You Work with an Employment Lawyer?

The laws protect your rights as an employee. However, your employer works hard to attempt to cover any violations of your rights. Therefore, an employment law attorney can help you prove your case and receive the justice you deserve.

Determining the laws that fit your situation can be a tedious and sometimes difficult task. When you are dealing with employment law violations, your life is already turned upside down. Attempting to sort through the laws defining your rights can be more than you can take on.

An employment law attorney can help you determine the laws best suited for your case. They can help you ensure you file your lawsuit with the proper agency within the appropriate statute of limitations or time frame. They can help you negotiate for the remedies that will help you move on with your life and away from a toxic employment environment.

Contact Our Experienced Team of Employment Law Attorneys Today for Your Free Consultation

Most of us must work to support our lifestyles, our dreams, and our families. A day without work may mean a day without food in some cases.

When your employee rights are put in jeopardy, you have the right to fight back. You need a lawyer who takes pride in advocating for your rights. You deserve a trusted advisor to guide you through the entire litigation process.

Our experienced employment law attorneys at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, and New Jersey can help you fight for your employment rights. Call us today at (800) 807-2209 for a free consultation. We do not collect any money until you win your case.

Did You Experience a Violation of Your Employment Rights? Do You Have Questions About Your Legal Rights at Work? Please call us at 800.807.2209 or email derek@dereksmithlaw.com to Learn More About Your Rights.

Complete a Free Case Evaluation form or call (800) 807-2209 today.

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