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Employment law in New York City helps any employee who has been the victim of discrimination, wrongfully terminated, the victim of wage and hour compensation issues, retaliated against, sexually harassed, denied family medical leave, a whistleblower, or dealing with employee contract issues, and more.
Employment lawyers are meant to help employees make sure they are afforded the rights that the law provides by their employers and their workplace. For the past 25 years, the Derek Smith Law Group has helped employees in New York City get justice when their employer violated employee protections in the workplace.
Employment law in New York City are the rights and protections afforded to employees and job applicants in the workplace. These laws include several issues including:
1. Discrimination. Discrimination in the workplace in New York City is when an employee or job applicant is treated unfairly or harassed because he or she is of a certain ethnic background, age, military status, citizenship status, sexual orientation, gender, has a disability, is pregnant, or has a genetic disorder. This is known as a protected class because the law protects people in any of the categories.
2. Wage and Hour Issues. Wage and hour issues encompass a number of issues relating to proper compensation and deductions of employees. It includes issues such as misclassifying employees as sub-contractors or exempt employees, which would deny employees overtime pay as well as allow employers to deny payment of taxes and benefits. It can also include employers deducting money from employee checks for unlawful expenses and reasons. New York City insists employees be properly compensated and classified.
3. Sexual Harassment. Sexual harassment in the workplace is unwanted physical contact or sexual advances, sexism, and jokes or derogatory comments of a sexual nature. The claims for sexual harassment can come from an employer/CEO, fellow employee, supervisor/manager, or even a non-employee.
4. Retaliation. If an employer fires, demotes, reduces the pay of, calls ICE, or otherwise treats unfairly, any employee who refuses sexual advances, reports wrongdoing, or files a claim of discrimination, the employee has been retaliated against. This is illegal in New York City.
5. Wrongful Termination. An employee cannot be terminated for being part of a protected class, refusing sexual advances, as retaliation, or for being a whistleblower. If the employee is terminated for any of these reasons, he or she is the victim of wrongful termination.
6. Whistleblower Claims. If you work for a government agency or a company that receives government funding of any kind, you have the right to report events of company or supervisor wrongdoing to a party that can do something about the wrongdoing. Your rights to anonymity and employment protection are protected under the Whistleblower laws in New York City.
7. Family Leave Act. The Federal Family Leave Act allows an employee to take time off of work to care for an ill family member or to bond with a newborn or adopted child without the fear of losing his or her employment. New York City has a paid family leave law that allows an employee to take up to 8 weeks of paid time off from work to help a sick family member or bond with a newborn baby or adopted child. Not all employers will abide by such laws and the employees that are not allowed the rights afforded under the law can hire an employment law attorney to help receive justice for this offense.
8. Employment Contracts. Employees may sign a contract when taking a position in New York City. Employees may also sign non-compete clauses. However, that does not mean that every aspect of the contract or clauses is enforceable. An employment law attorney can help navigate the issues that may or may not be enforceable under an employment contract or non-compete clause.
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
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
Employment law issues, as mentioned above, include many events that can occur in or out of the workplace. To know if you have an employment law case, you may wonder what constitutes an employment law issue. Here are some examples that can be employment law issues in the workplace:
Each type of employment law issue may come with different types of remedies. However, in general, most employment law issues can receive the following relief from the court:
Certain issues, such as whistleblower claims, may come with other types of remedies. For instance, in New York City, a whistleblower who files a successful claim can receive 15% to 25% of any recovery when the state intervenes in the case. In addition, in wage and hour cases, any settlement issued by the court is entitled to treble damages. That means if the damages were 2 million dollars, the plaintiff is entitled to 8 million dollars (or 2 million and 3×2 million).
Employees in New York City are entitled to work in an environment free from discrimination, compensation issues, and breaches of the law. If you are a victim of any type of employment law issue, the experienced attorneys at the Derek Smith Law Group in New York City can help. Contact us today at (212) 587-0760 for a free consultation. We do not collect any money until you win your case.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.