Staten Island Employer Defense

Consult with an Experienced Staten Island Employment Defense Attorney in Confidence

When it comes to making employment-related decisions and dealing with employee complaints, company owners, executives and in-house lawyers need to ensure that they are making informed decisions. Noncompliant employment practices can expose companies to substantial liability, and they can also sew discontent that leads to high turnover and loss of productivity. Our attorneys routinely advise clients on these matters; and, if you need advice, a Staten Island employment defense attorney at our firm can help you decide how best to move forward.

We assist companies of all sizes on Staten Island with all employment-related matters. Whether your company is facing a discrimination complaint or contract dispute, and whether your company needs to update its employment policies or train its senior staff, we can provide advice, insights and representation guided by decades of relevant experience. To discuss your company’s needs with an experienced Staten Island employment defense attorney, schedule a call today.

Matters We Handle

Within our firm’s employer defense practice, we handle all matters arising under federal and state law. This includes (but is not limited to) matters involving:

Age Discrimination in Employment Act (ADEA) Claims

The federal Age Discrimination in Employment Act (ADEA) prohibits covered employers from discriminating against employees who are 40 years old or older based on their age. Covered employers under the ADEA include companies with 20 or more employees. Along with prohibiting age-based discrimination in the active employment scenario, the ADEA (like other anti-discrimination statutes) also prohibits covered employers from posting discriminatory job notices and disqualifying job candidates based solely on their protected status.

Americans with Disability Act (ADA) Claims

The federal Americans Disability Act (ADA) applies to employers with 15 or more employees. In addition to prohibiting disability-based discrimination in the workplace and in hiring-related activities, it also requires covered employers to provide “reasonable accommodations” to employees with disabilities in many (but not all) circumstances.

Crucially, while the ADA prohibits employers from making employment related decisions based on employees’ disabilities, it does not prohibit decisions that are based on safety concerns or legitimate job qualifications. As a result, while disability discrimination is a very real concern (and a very real problem in some scenarios), employers will also have strong defenses to ADA claims in many cases.

Discrimination Claims Under Title VII of the Civil Rights Act of 1964 (Title VII)

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits covered employers from discriminating against employees based on their race, color, religion, sex and national origin. For purposes of Title VII compliance, sex includes sexual orientation, gender, gender identity, pregnancy and pregnancy-related conditions.

Similar to the ADA, Title VII applies to companies with 15 or more employees. Also similar to the ADA, while Title VII provides strong protections to employees, employers will also have strong defenses to discrimination claims under the statute in many cases. If your company is facing a claim under Title VII, a Staten Island employment defense attorney at our firm can assist with identifying all viable defenses that are available.

Discrimination Claims Under the New York State Human Rights Law (SHRL)

All employers on Staten Island must comply with the anti-discrimination provisions of the New York State Human Rights Law (SHRL). While the SHRL used to apply only to employers with four or more employees, this changed in 2020.

In addition to having broader application than Title VII, the SHRL is also broader than Title VII in terms of the types of employment practices it prohibits. Under the SHRL, it is unlawful to discriminate against any employee on the basis of age, color, creed, disability, familial status, gender identity or expression, marital status, military status, national origin, predisposing genetic characteristics, race, sex, sexual orientation, or status as a victim of domestic violence.

Employment Contract Disputes

Along with statutory employment discrimination and harassment claims, we also represent companies in contract disputes with current and former employees. Each Staten Island employment defense attorney has experience handling these disputes, and we are well-versed in both the employment-specific principles and the general contract principles that apply.

We handle wrongful termination claims, severance disputes, intellectual property (IP) ownership disputes, confidentiality violations, and all other matters involving employment contracts on Staten Island. If your company is facing a contract dispute with an executive (or former executive) or any other high-level current or former employee, we can get to work protecting your company’s interests immediately.

Family and Medical Leave Act (FMLA) Claims

The federal Family and Medical Leave Act (FMLA) requires covered employers to provide job-protected leave to qualifying employees. It applies to companies with 50 or more employees, and it establishes strict (and somewhat complex) eligibility criteria for employees seeking to take advantage of the statute’s job protections.

FMLA claims are common; and, whether an employee misunderstands his or her statutory rights or has a valid claim for a violation, a strategic and effective defense is essential. We have extensive experience representing employers in FMLA matters, and we can use this experience to quickly evaluate your company’s potential exposure and help you decide how best to proceed.

Pregnant Workers Fairness Act (PWFA) Claims

The Pregnant Workers Fairness Act (PWFA) applies to companies with 15 or more employees; and, as its name suggests, it extends additional protections to pregnant workers. But it also extends protections to other workers (i.e., those who have recently given birth or lost a pregnancy), and employers that are not careful can find themselves facing PWFA claims in addition to claims under the ADA, Title VII, and the New York SHRL.

Under the PWFA, covered employers are required to provide reasonable accommodations to covered employees who need and request them. While there are limitations on what employees can request (and what employers are required to provide), various missteps can potentially expose employers to liability under the statute.

Sexual Harassment Claims

Sexual harassment is considered a form of sex-based discrimination under Title VII, and it is also prohibited under the New York SHRL. While sexual harassment claims broadly fall into two categories (quid pro quo sexual harassment and hostile work environment claims), specific allegations can take many different forms, and even one inappropriate act can be enough to trigger an employer’s liability in many cases.

When facing sexual harassment allegations, an effective response is critical. Employers must promptly investigate the employee’s allegations and determine whether they can be substantiated. If so, the company could be at risk for substantial liability. If not, a tactful approach will be required to resolve the matter favorably without negative PR or other adverse consequences.

Wage and Hour Claims

Employers on Staten Island are subject to minimum wage, overtime, and other pay-related requirements under state and federal law. Complying with these requirements is essential, as noncompliance can expose employers to claims from multiple employees in many cases. We have extensive experience representing employers in state and federal wage and hour claims, and a Staten Island employment defense lawyer at our firm can explain everything you need to know about working to minimize your company’s liability and mitigate its risk going forward.

Wrongful Termination Claims

Employees can file wrongful termination claims under all of the anti-discrimination statutes listed above. Contracted employees can file wrongful termination claims as well when their employers violate the terms of their agreement. We represent employers on Staten Island in all types of wrongful termination cases, and we have a long track record of success helping employers avoid unnecessary liability.

Since we also represent employees, we are familiar with the types of claims that plaintiffs’ lawyers assert in these (and other) cases. We use these insights to our corporate clients’ advantage. If your company is facing a wrongful termination claim, we can evaluate all potential allegations and defenses, and we can execute a strategic defense focused on achieving a favorable resolution as quickly and quietly as possible.

How We Can Help

At Bell Law Group, we provide a variety of legal services for employers on Staten Island. Regardless of your company’s specific needs, if you have employment-related questions or concerns, our team can help you move forward confidently and strategically while taking all necessary legal action on your company’s behalf. Our services include:

  • Investigating Employee Complaints – If your company is facing any type of employment-related complaint, conducting a prompt and thorough investigation will be a critical first step toward protecting your company’s interests and making informed decisions. We have the team, capabilities and resources required to conduct effective investigations involving all types of allegations for companies of all sizes.
  • Assessing Risk and Potential Liability – Once we have begun to investigate, we will be able to advise you regarding your company’s risk and potential liability. Our attorneys will provide updates in real time during the investigative process; and, once the investigation is complete, we will provide a comprehensive overview and risk assessment based on the circumstances at hand.
  • Equal Employment Opportunity Commission (EEOC) Defense – In many cases, employees can (or must) file complaints with the federal Equal Employment Opportunity Commission (EEOC). Our attorneys regularly defend employers across New York in EEOC matters. We are familiar with the substantive and procedural issues involved, and we help our clients understand when it makes sense to work with the EEOC to reach an amicable resolution and when it makes sense to take their employees’ allegations to court.
  • New York Department of Labor (DOL) and Division of Human Rights (DHR) Defense – We regularly defend employers in New York Department of Labor (DOL) and Division of Human Rights (DHR) cases as well. These state agencies handle various types of complaints under the New York SHRL. If one of your company’s employees is asserting a New York SHRL claim, a Staten Island employment defense attorney at our firm can make sure your company is fully prepared to defend against the employee’s allegations before the DOL or DHR.
  • Employment Litigation Defense in Civil Court – Along with handling administrative dispute resolution proceedings involving the EEOC, DOL and DHR, we also represent Staten Island employers in civil litigation. If fighting an employee’s allegations in court is your company’s best (or only) option, we can use our litigation experience to target a favorable result at trial—if not before.
  • Employment Law Compliance and Risk Mitigation – Along with providing employer defense representation, we also assist with employment law compliance and risk mitigation. Whether you are seeking to proactively mitigate your company’s employment-related risk or you need to update your company’s policies and procedures in response to a complaint, our attorneys can provide the advice, insights and documentation your company needs.
  • Human Resources and Management Training – We provide human resources (HR) and management training as well. When it comes to effectively managing employment-related risk, adopting the necessary policies and procedures is just the first step in the process. Companies need to ensure that their HR and management personnel understand what is and isn’t permitted, and that they have a clear understanding of the importance of their role in protecting the company from liability.

FAQs: Defending Against Employment-Related Liability in New York

How Should Employers Respond to Discrimination Complaints from Their Employees?

When an employee submits a discrimination complaint, it is important to take the complaint seriously regardless of any initial impressions about its validity. Informed decision-making is critical; and, in the event that the company is at risk of facing liability, executing an appropriate response to the complaint can be crucial during the defense phase. This starts with engaging an experienced Staten Island employment defense attorney to oversee an internal investigation as soon as possible.

What Does an Employee Need to Prove in Order to Win a Discrimination Case?

Broadly speaking, employees alleging discrimination must be able to prove that they experienced an adverse employment action based on their protected characteristic. If an employer has a legitimate business reason for undertaking an adverse employment action, then the fact that the employee is in a protected class does not insulate the employee from the action. However, a pretextual justification is insufficient to overcome discrimination allegations, and employers can (and do) face high-risk discrimination claims in a wide range of circumstances.

When Are Employers on Staten Island Required to Comply with Federal Employment Laws?

The ADA, Title VII, and most other federal employment laws apply only to employers that have a certain minimum number of employees. However, calculating the size of an employer’s workforce for federal compliance purposes is not necessarily as straightforward as it may seem. With this in mind, it is critical that all employers work with their counsel to ensure that they are making informed decisions about their federal compliance obligations.

When Are Employers on Staten Island Required to Comply with the New York State Human Rights Law (SHRL)?

Under amendments that took effect in 2020, the New York SHRL applies to all employers in the state regardless of size. This means that all employers on Staten Island must comply with the SHRL’s anti-discrimination and anti-harassment provisions. If you have questions or concerns about SHRL compliance, we encourage you to schedule an appointment with a Staten Island employment defense attorney at Bell Law Group.

When Should Employers Consider Settling Discrimination and Harassment Complaints?

Deciding whether to settle a discrimination or harassment complaint requires a clear and comprehensive understanding of the facts underlying the allegations at hand. Under both state and federal law, employees must meet very specific requirements to substantiate a discrimination or harassment claim, and employers will have both substantive and procedural defenses available in many cases.

Can an Employer Be Held Liable if an Employee Violates Its Anti-Discrimination Policy?

Yes, employers can be held liable for discrimination in the workplace even if the discriminatory adverse employment action is in clear violation of their internal policies. While having internal policies in place (and providing appropriate training) can help to mitigate employers’ potential exposure in these cases, as a general rule, employers are responsible for their employees’ conduct within the scope of their employment. In this type of scenario, the employee alleging discrimination may also allege that the employer failed to adequately enforce its policies, which itself can justify a claim for remedies.

When Is it Time to Engage a Staten Island Employment Defense Attorney?

We recommend speaking with a Staten Island employment defense attorney any time you have questions or concerns about your company’s legal obligations or its potential liability exposure. At Bell Law Group, we advise employers of all sizes and in all industries. If you need to know about the laws that apply to your company or the defenses your company may have available, contact us for a confidential consultation today.

Schedule an Appointment with a Staten Island Employment Defense Attorney at Bell Law Group

If you would like to schedule an appointment with a Staten Island employment defense attorney at Bell Law Group, we invite you to get in touch. To arrange a confidential consultation, give us a call at 516-280-3008 or tell us how we can get in touch online today.

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