Get the Advice and Representation You Need from an Experienced Long Island Employment Lawyer
As an employee, you don’t expect your employer to violate your legal rights. You expect your employer to comply with the law, and you expect your employer to provide a safe, fair and inclusive workplace where you can do your job and expect to be paid on time. Unfortunately, this doesn’t always happen. If you believe that your employer has violated your legal rights, you are not alone—and you will want to discuss your options with an experienced Long Island employment lawyer promptly.
Our lawyers represent employees in all employment-related legal matters. If you have a claim against your employer, a Long Island employment lawyer at Bell Law Group can take appropriate legal action on your behalf. Your lawyer will begin by explaining your legal rights and discussing the options you have available, and then your lawyer will use his or her experience to fight for the fair outcome you deserve.
When You Can (and Should) Assert Your Legal Rights as an Employee on Long Island
When can (and should) you talk to a lawyer about asserting your legal rights on Long Island? We encourage you to speak with a lawyer at Bell Law Group promptly if:
You Are a Victim of Discrimination
Despite clear prohibitions under federal and New York law, discrimination in the workplace remains shockingly common. We regularly hear from employees in all occupations and positions who have experienced discrimination on the job. Under Title VII of the Civil Rights Act of 1964 (“Title VII”), the New York State Human Rights Law (SHRL), and other laws, it is illegal for employers on Long Island to take adverse employment action based on employees’ protected characteristics, including:
- Age
- Color
- Disability
- Family Status (Including Pregnancy)
- Gender Identity or Expression
- Genetic Characteristics
- Marital Status
- Military Status
- National Origin
- Race
- Religion
- Sex
- Sexual Orientation
- Status as a Victim of Domestic Violence
What constitutes an “adverse employment action”? This is a long list as well. If you have experienced any of the following and have reason to believe that your employer’s decision may have been discriminatory, you should speak with a Long Island employment lawyer about your legal rights promptly:
- Being denied a job opportunity
- Being denied benefits offered to co-workers (i.e., a flexible schedule or the option to work from home)
- Being passed over for a raise or promotion
- Receiving a demotion or pay deduction
- Receiving an unfavorable job assignment or work location
- Losing your job
In some cases, there is no question that an adverse employment action is discriminatory. But, it isn’t always so easy to know if you are a victim of discrimination on the job. Employers often take steps to obscure the truth; and, in many cases, they will come up with alternate explanations for why they took action against certain employees and not others. If you can’t prove that you are a victim of discrimination, that’s okay—our lawyers can collect the evidence we need to take legal action on your behalf. Right now, it is just important that you speak with a lawyer as soon as possible.
You Are a Victim of Sexual Harassment
Sexual harassment in the workplace is also illegal under Title VII and the New York SHRL. Physical, verbal and digital sexual harassment are all prohibited under these statutes. However, to file a successful sexual harassment claim, you must be able to prove that either:
- You Experienced (or Are Experiencing) a Hostile Work Environment – One way to establish a sexual harassment claim is by showing that you have experienced (or are currently experiencing) a hostile work environment. This can involve showing that either: (i) you experienced one or more significant instances of sexual harassment; or, (ii) sexual harassment in the workplace is so pervasive that you feel unsafe, uncomfortable or unwelcome.
- You Were Coerced to Provide Sexual Favors for Job Benefits (Quid Pro Quo) – The other way to establish a sexual harassment claim is by showing that a supervisor or manager expected you to exchange sexual favors for job-related benefits. This is referred to as quid pro quo sexual harassment. If you experienced an adverse employment action after refusing to give in to a superior’s advances or expectations, you may have a sexual harassment claim under state or federal law.
Here too, some cases are much more clear-cut than others. If you aren’t sure whether you have a sexual harassment claim, a Long Island employment lawyer at our firm can provide a thorough assessment of your legal rights. We have extensive experience representing clients in sexual harassment cases under Title VII and the New York SHRL, and we can help you understand if you have sufficient grounds to move forward.
You Have Been Underpaid
Wage and hour violations are far more common than they should be as well. If you have been underpaid for your work as an employee, you may have various grounds to pursue legal action against your employer. For example, while individual circumstances vary, all of the following are generally prohibited under the Equal Pay Act (EPA), Fair Labor Standards Act (FLSA) and New York State Labor Law:
- Paying employees in similar positions differently based on their sex or gender
- Paying employees less than the applicable minimum wage
- Failing to pay overtime rates to non-exempt employees
- Classifying employees as independent contractors to avoid wage and hour law compliance
- Withholding wages, salary or other pay that employees are rightfully owed
- Taking illegal deductions from employees’ paychecks
- Providing unpaid internships when interns are entitled to be treated as employees
Once again, you don’t necessarily need to be able to prove a violation of your legal rights to talk to a Long Island employment lawyer. If you have reason to suspect that you are being compensated unfairly—or if you know you are being compensated unfairly but don’t have access to the records you need to prove it—we still encourage you to contact us promptly. If you have a claim, our lawyers will be able to obtain the documents we need to seek back pay, interest and other appropriate forms of compensation on your behalf.
Your Employer Violated Your Employment Contract
Along with representing employees in cases involving violations of state and federal employment laws, we also represent employees in cases involving violations of employment contracts. If your employer has violated your employment contract, our lawyers can assist with seeking appropriate remedies in this situation as well. We handle all types of contract-related employment disputes including (but not limited to) those involving:
- Compensation
- Benefits
- Authority and job responsibilities
- Ownership of intellectual property (IP) rights
- Terms of employment
- Duration of employment and termination
- Severance pay
Contract-related employment disputes differ from statutory employment claims in many respects. As a result, if you have a contract-based claim against your employer (or former employer), it is critical to ensure that you choose a lawyer who has relevant experience. At Bell Law Group, we regularly represent clients in contract-related employment disputes, and we can pair you with a Long Island employment lawyer who has the specific experience required to handle your case effectively.
You Are a Victim of Retaliation
In addition to prohibiting employers from discriminating and engaging in other unlawful employment practices, Title VII, the New York SHRL, and other pertinent laws also prohibit employers from retaliating against employees who speak up. If you experienced an adverse employment action after reporting discrimination, harassment or any other violation—whether on behalf of yourself or someone else—you may have a clear claim for retaliation. We have significant experience representing employees (and former employees) in retaliation cases as well.
What to Expect During the Process
Let’s say you have a claim against your employer on Long Island. If you file a complaint, what can you expect during the process? Here’s what you need to know:
Hiring a Long Island Employment Lawyer
Regardless of the type of claim you have, the first step is to consult with a Long Island employment lawyer. Since strict deadlines apply, you will want to schedule a consultation as soon as possible.
When you sit down with a Long Island employment lawyer at Bell Law Group, your lawyer will work with you to identify all of the relevant facts in your case. Your lawyer will then explain how the law protects you and go over the options you have available.
If you have a claim and decide to move forward, your lawyer will then take appropriate legal action on your behalf. In some cases, the first step may be to contact your employer to try to work out an informal resolution. But, if this isn’t an option in your case—or if your employer isn’t willing to make you a reasonable offer—then the next step will be to file a formal complaint.
Filing a Complaint with the EEOC
For many employees, this means filing a formal complaint with the U.S. Equal Opportunity Commission (EEOC). The EEOC handles complaints under Title VII and several of the other federal employment statutes. If your complaint falls within the EEOC’s jurisdiction, then you may be required to file a complaint with the Commission before seeking appropriate remedies in court.
When you file a complaint with the EEOC, an EEOC counselor will decide whether to refer your case to mediation. If your case gets referred to mediation, you (and your employer) are required to participate in good faith—but this does not mean you have to reach an agreement through the mediation process. If mediation is unsuccessful or is not required, then the next step is for the EEOC to conduct an investigation.
While the EEOC is investigating, you will want your lawyer to be actively involved. Your lawyer will be able to help ensure that the EEOC considers all relevant evidence and that your employer does not interfere with the process.
If the EEOC determines that your employer violated the law, it will try to reach a settlement with your employer, and it will file a lawsuit against your employer if necessary. If the EEOC does not determine that your employer violated the law, then it will issue a “Notice of Right to Sue.” This gives you the ability to continue pursuing your claim in court. If the EEOC’s lawsuit is unsuccessful, or if its investigation takes more than 180 days, you can seek a “Notice of Right to Sue” in these scenarios as well.
Receiving a “Notice of Right to Sue” does not mean that your case is over—it just means that the EEOC hasn’t been able to confirm a violation or effectively take legal action on your behalf. We have successfully represented employees who received a “Notice of Right to Sue” in many cases. If you need to file your complaint with the EEOC, we will work with the EEOC on your behalf throughout the process, and we will take additional legal action on your behalf if necessary.
Filing a Complaint with the New York Division of Human Rights
If you have a claim under the New York SHRL, you have the option of filing a complaint with the New York Division of Human Rights. If you file a complaint with the Division of Human Rights, it will conduct an investigation, similar to the EEOC.
If the Division’s investigation uncovers evidence of discrimination, sexual harassment or other unlawful practices, the Division will then schedule a hearing before an administrative law judge (ALJ). The judge will hear evidence from both sides (and their lawyers) and then render a decision. If the Division decides not to schedule a hearing, or if you disagree with the ALJ’s decision, your lawyer will be able to continue seeking justice on your behalf through the New York court system.
Filing a Complaint with the New York Department of Labor
If you have a claim under the New York State Labor Law, you have the option of filing a complaint with the New York Department of Labor. The Department of Labor will conduct an investigation, and then based on its findings, it will either: (i) require your employer to comply with the law (and issue an Order to Comply if necessary); or, (ii) take no further action. If it orders your employer to comply, your employer will have the option to request a formal hearing.
Regardless of how this process goes, if you are dissatisfied with the outcome, your lawyer can still assert your legal rights in court. Similar to EEOC and Division of Human Rights cases, our lawyers play an active role every step of the way, and we ensure that we protect our clients’ ability to file a lawsuit if necessary.
Filing a Lawsuit in Court
Regardless of whether you need to file a complaint with the EEOC or you have the option of filing a complaint with the New York Division of Human Services or the New York Department of Labor, you may ultimately find that going to court is your best (and perhaps only) option. With certain types of federal claims (i.e., claims under the Equal Pay Act), employees can go directly to court as well.
What can you expect if you need to file a lawsuit in court?
While the court process is complicated, the most important thing you need to know is that you can—and should—hire a Long Island employment lawyer to handle the process on your behalf. You do not want to try to represent yourself, especially if your employer has a team of defense lawyers on its side.
Another important fact to know is that many employee rights cases settle without going to trial. In other words, filing a lawsuit does not necessarily mean that you will have to go to court. If your lawyer can clearly establish your right to remedies, your employer may agree to settle your claim in order to avoid the costs and publicity of trial.
What Are Your Next Steps?
We know this is a lot to digest, and we know we have just gone over several complicated options for asserting your legal rights. With this in mind, what are your next steps?
At this point, you should have two main priorities:
- Gather as Much Documentation as Possible – The more documentation you have to support your claim, the better. If you don’t have any documentation, that’s completely fine at this stage. But, if you do have documents that you believe support your claim, you will want to collect these and keep them in a safe place.
- Schedule a Consultation with a Long Island Employment Lawyer –To ensure that you meet all applicable deadlines and avoid making mistakes that could jeopardize your legal rights, you should schedule a consultation with a Long Island employment lawyer as soon as possible. You will need an experienced lawyer on your side to secure the outcome you deserve.
Contact Us to Speak with an Experienced Long Island Employment Lawyer in Confidence
If you need to speak with a lawyer about your legal rights, we encourage you to contact us promptly. To schedule a confidential consultation with an experienced Long Island employment lawyer at Bell Law Group, call 516-530-9936 or request an appointment online now.
