Employment Law

What is Employment Law?

Employment law governs the relationship between employers and employees and sets clear guidelines that employers must follow when hiring, managing, and terminating employees.

In New York, employment law is in place to protect workers from discrimination and harassment as well as regulate wages, hours worked, leave rights, safety and health, and unemployment insurance.

If you suspect that your employer is not following these guidelines or that your rights have been violated in some way at work, the attorneys at Mizrahi Kroub can help. Our goal is to hold your employer accountable for violating any employment laws and get you compensation for any damages incurred by those violations.

What Would be Considered a Violation of Employment Law?

In New York, various things can be considered employment law violations. Some examples of violations include:

• Discrimination: Employers cannot make decisions regarding your employment based on race, national origin, pregnancy, sex, religion, age, disability, sexual orientation, gender identity, or other protected classes.
• Harassment: Workplace harassment includes any unwanted conduct relating to a protected class, including unwanted sexual advances, that unreasonably interferes with the workplace environment.
• Retaliation: If an employer retaliates against you for speaking up against discrimination, harassment, wage theft, or illegal or dangerous activity, you should consult an attorney.
• Wage and Hour Violations: These include failing to pay minimum wage, overtime, or other legally required compensation. If your employer has denied you fair wages, you may have grounds for a claim.
• Whistleblower Protections: If you report illegal or unsafe practices at work and face adverse actions like demotion, harassment, or termination, this could be a violation of whistleblower protections.
• Wrongful Termination: If your termination violates an employment contract, is based on discrimination, or is a form of retaliation, it may be grounds for a wrongful termination claim.
• Safety Violations: If your safety is at all violated at work, you may have been subjected to an employment law violation. As an employee, you are entitled to a safe and hazard-free work environment.
• Misclassification of Employees: This occurs when your employer treats you as an independent contractor instead of an employee. As an employee, you have certain rights, including minimum wage and overtime laws, workers’ compensation coverage, and unemployment insurance benefits. You might be entitled to make a claim if your employer does not uphold these rights.
• Failure to Accommodate Disabilities: Every workplace needs to be able to provide reasonable accommodations for individuals with disabilities. If your employer does not provide reasonable accommodations, you are within your rights to make a claim.

If your employer has exhibited any of these violations, it’s important that you reach out to an employment law attorney.

Why is it Important to Report an Employment Law Violation? 

Reporting employment law violations is important for a number of reasons, as it protects the rights and well-being of employees while holding employers accountable for their actions. The main reasons you should report an employment law violation include: 

• Protect Your Individual Rights: Reporting employment law violations is important for protecting the rights of individual employees. By reporting violations, you can bring attention to unfair treatment, discrimination, harassment, or other unlawful actions you have experienced or witnessed. 
• Promoting a Fair and Equal Workplace: Reporting violations also plays a vital role in fostering a fair and equal workplace environment. No matter how insignificant they seem, violations can perpetuate a workplace environment that accepts misconduct, discrimination, and abuse. 
• Preventing Further Harm: When you report employment law violations, you help prevent further harm to others within your workplace. If you’re a victim of workplace discrimination or sexual harassment, more than likely, you are not the first and might not be the last. You can stop the cycle of violations when you report employment law violations. 
• Holding Employers Accountable: When violations are brought to light, your employer can face legal consequences, such as fines, penalties, or litigation. While this might sound harsh, legal protections must be enforced for the future and well-being of employees of the company. 
• Enforcing Legal Protection: Employment laws are designed to provide employees with essential protections like fair pay, equal opportunities, safe working conditions, and freedom from discrimination or harassment. 
• Seeking Solutions and Compensation: Reporting employment law violations enables affected employees to seek solutions for employment law violations and recover compensation for the damages they have suffered. This can lead to the recovery of lost wages, benefits, emotional distress, or other forms of compensation. 
• Preventing Systemic Issues: Reporting violations can help uncover systemic issues within an organization or industry. It can reveal patterns of misconduct, discrimination, or unfair practices that affect multiple employees. By addressing these issues, corrective actions can be taken to eliminate systemic problems and create positive change.
• Establishing a Paper Trail: Reporting violations create a documented record of the wrongdoing, which can be crucial for future legal proceedings or investigations. It provides evidence supporting an employee's case and strengthening their position when seeking legal remedies or pursuing a resolution.
• Encouraging a Culture of Compliance: Reporting employment law violations encourages a culture of compliance within organizations. It sends a message that employees are aware of their rights, are vigilant against violations, and are committed to upholding the law. This can lead to employers adopting proactive measures to ensure compliance with employment laws, creating a healthier work environment.
• Empowering Others: By reporting employment law violations, employees serve as role models and empower others to speak up against injustice. It can inspire colleagues who may have also experienced violations to come forward, creating a collective voice and a stronger stand against unlawful practices.

Reporting employment law violations is essential for protecting individual rights, promoting a fair workplace, holding employers accountable, enforcing legal protections, seeking remedies, preventing systemic issues, establishing a paper trail, encouraging compliance, and empowering others. It is a critical step toward creating a workplace that respects and upholds the rights of all employees.

What You Need for a Successful Employment Law Case

There are a few key elements that can strengthen your employment law claim. Your New York attorney can sit down with you to review your circumstances and determine if you have a valid case against your employer, and what can be done to best prepare.

• Clear Documentation: All relevant documents that reflect your employment conditions and any disputes. This includes pay stubs to show wage issues, emails or letters that document communications with your employer, performance reviews to support claims of discrimination or unfair treatment and any written warnings or notices regarding disciplinary actions. This documentation helps establish a factual basis for your case.

• Detailed Record of Events: A comprehensive timeline that outlines key events related to your claim. Include specific dates, times, and detailed descriptions of incidents such as discriminatory behavior, harassment, or wrongful termination. This record helps build a narrative and provides a chronological framework for your case.

• Witness Statements: Collect statements from colleagues, supervisors, or other witnesses who can support your claims. These testimonies should provide corroborative details about the incidents in question, such as witnessing discriminatory comments or unfair practices. Witness statements can add credibility and depth to your case.

• Employment Records: Obtain copies of documents related to your employment status and history. This includes your employment contract, which outlines the terms of your job, job descriptions that detail your role and responsibilities, and records of any disciplinary actions or promotions that might relate to your claim. These records help clarify the terms and conditions of your employment and any deviations from them.

• Evidence of Harm: Provide evidence showing the impact of the employment issue on your well-being or financial situation. This may include medical records if you have experienced health issues due to workplace conditions, mental health evaluations if you are claiming emotional distress or documentation of financial losses such as missed pay or job loss. This evidence demonstrates the extent of the harm caused by the employment issue.

• Proof of Employer Policies: Copies of your employer’s policies and procedures to show how the company’s rules relate to your case. This might include the employee handbook, company policies on harassment or discrimination, or internal memos outlining workplace rules. Proving that the employer’s policies were violated strengthens your claim by showing that there was a breach of established protocols.

• Legal Compliance: Show that you followed the correct procedures for addressing your concerns. This involves documenting that you reported issues through the proper channels, such as filing complaints with HR or adhering to internal grievance procedures. Demonstrating that you acted in accordance with legal and company requirements can support your credibility and strengthen your case.

• Timeliness: Ensure that all aspects of your claim are filed within the statutory deadlines. Each type of employment issue has specific time limits for filing complaints or legal actions, and missing these deadlines can jeopardize your case. 

If You Don’t File an Employment Law Claim Soon You Could Face:

• Continuation of Unfair Practices: If you do not address your concerns through legal channels, the employer may continue to engage in the same unfair or illegal practices. This not only affects you but potentially other employees as well, perpetuating a harmful work environment.

• Missed Compensation Opportunities: Delaying or failing to file a claim can result in missing out on potential financial compensation, including back pay, overtime wages, or damages for discrimination or wrongful termination. Legal action is often required to recover these losses.

• Statute of Limitations Expiry: Employment law claims are subject to time limits, known as statutes of limitations. If you do not file your claim within these time frames, you may lose the right to pursue legal action, regardless of the merits of your case.

• Decreased Negotiation Leverage: Waiting too long to file a claim can weaken your position in negotiations or settlements. Employers may be less willing to negotiate fairly if they believe you are no longer actively pursuing your case.

• Potential Damage to Future Claims: Failing to file a claim can sometimes impact your ability to address related issues in the future. If evidence or patterns of behavior are not documented and reported promptly, it can be more challenging to prove similar issues later on.

• Ongoing Stress and Emotional Distress: Not addressing workplace issues through legal channels can prolong stress and emotional distress. Filing a claim can provide a structured way to resolve conflicts and seek relief, whereas inaction may lead to ongoing anxiety and dissatisfaction.

• Failure to Hold Employer Accountable: Not filing a claim means your employer may not be held accountable for illegal or unethical practices. Legal claims can lead to changes in company policies and practices that benefit not only you but also your colleagues.

Consulting with a New York attorney can help you understand the implications and benefits of pursuing legal action.

Should I Hire a New York Employment Lawyer?

If your employment rights have been violated, hiring an experienced attorney can help you file a claim and get the compensation and support you deserve. At Mizrahi Kroub, we’ll work to assess your case and inform you whether or not you have a claim against your employer.

Additionally, we’ll file the lawsuit, help recover potential legal damages, discuss legal resources, and provide you with representation during a dispute or in court.