Help For Employees Facing Job-Related Legal Issues
Work is a big part of your life. Challenges relating to your job can understandably be a big source of stress and uncertainty.
At the Law Offices of Yale Pollack, P.C., I can help you address those concerns and work toward a favorable resolution. I’m Yale Pollack, an employment law attorney with more than 15 years of experience. I represent employees across New York City in all kinds of industries, especially the hospitality and service industries.
When you work with my firm, you work with me from start to finish. I can help you pursue the right option for resolving your situation. My goal is to protect your rights and interests and reduce your stress by taking the legal weight off your shoulders.
Common Issues That Employees Face
You can turn to me for experienced guidance on:
- Wage and hour issues involving pay disputes, overtime, minimum wage laws, misclassification of employees as independent contractors, meal and rest breaks, and other wage and hour cases
- Discrimination and harassment involving a hostile work environment, discriminatory employment practices, failure to make accommodations, sexual harassment and related issues
- Retaliation claims involving getting fired, demoted or treated unfairly after exercising your employment rights
- Wrongful termination claims if you lost your job for discriminatory or other illegal reasons
I also can advise you on employment contracts, including noncompete agreements, nondisclosure agreements and severance agreements.
Frequently Asked Questions Employees Have About Employment Law Cases
I want to take a moment to address some of the most frequent questions that I get from people who contact my firm about an employment law matter. If you have questions about your specific case, please call or my office at 516-774-1015 or contact me today to schedule your free consultation.
What Is Wrongful Termination?
An employee is wrongfully terminated if they are discharged in a breach of an employment agreement and/or in violation of state or federal laws. In many cases, employers often have a large amount of discretion over hiring and firing employers. But there are certain circumstances that can constitute a wrongful termination. An example of this can include firing someone over their religious beliefs, as this is in violation of federal civil rights laws.
How Do I Know If I Have A Case?
As stated above, employers generally have great discretion when firing employees. However, that does not mean that wrongful termination cases are rare. But it can be difficult to figure out if you were wrongfully terminated, or let go legally. There are a few indications that you may have been wrongfully terminated such as:
- It was in violation of anti-discrimination laws – meaning that the termination was based on race, gender, national origin, religion, age, pregnancy or disability.
- It was in violation of a contract, or a verbal promise – i.e., if you signed a contract for a year of work and were terminated before then.
- It was in retaliation – employees are protected from being fired in retaliation for certain behavior such as whistleblowing, failing to perform an illegal activity, or in violation of written disciplinary procedures.
- It was due to taking protected time off – the Family and Medical Leave Act protects employees from being terminated while taking time off to care for family members or recover from certain illnesses
These are some of the more common indications of a wrongful termination. An employment law attorney can give people a better idea of wrongful termination based on their individual situation. Employees who were wrongfully terminated may be entitled to back pay, reinstatement or compensation for damages.
Can My Employer Discipline Me For Reporting Them For Unlawful Conduct?
Whistleblowers are protected under both state and federal law in New York when reporting unlawful conduct by their employer. These protections guard employees against most forms of retaliation, including disciplinary action and termination. The code states that employers cannot discharge, suspend, demote or take other adverse employment action against employees who report unlawful activity.
However, you must first report the violations to your supervisor and allow a reasonable amount of time for your employer to correct the behavior. These protections will still apply even if it is discovered that your employer is not breaking the law.
If I Am Disabled, What Must My Workplace Do To Accommodate Me?
The Americans with Disabilities Act requires employers across the country to make reasonable accommodations for workers with disabilities in order for them to secure and retain their employment. The law states that employers must provide “reasonable accommodations” to assist employees with disabilities. These accommodations can include changes to the workplace, the job, the way the job is done or the application or hiring process. Some examples of these accommodations are:
- Changing job tasks or reassignment to suit abilities
- Providing reserved parking spaces
- Improving accessibility in work areas
- Allowing for flexible work schedules
- Providing alternate formats (i.e., giving feedback in writing rather than verbally, providing alternate text in training materials etc.)
- Allowing service animals
Employers are required to provide accommodations as long as they do not cause “undue hardship” (meaning significantly difficult or expensive) for the employer.
An employment law attorney can provide more insight into what accommodations can be expected or are reasonable or if an employer is in violation of the ADA.
My Problem-Solving Approach Toward Protecting Employees’ Interests
Because I have experience representing employers, I know how to resolve disputes in a more thoughtful and creative way that prioritizes your needs. Clients value my ability to find creative solutions that avoid unnecessary expenses and headaches.
While I have spent extensive time in the courtroom as a trial lawyer and can represent you in court, in most cases, it’s better to resolve disputes outside of court. I understand what motivates employers, and I can use that knowledge to strategize a solution that makes sense for your unique situation.
Find Out More About How I Can Help You
I offer free initial consultations, so you can learn more about me and how I can help. To get started, call my Long Island office at 516-774-1015. You can also send me an email. I look forward to speaking with you.