Staten Island Employee Rights

Discuss Your Legal Rights with a Staten Island Employment Lawyer in Confidence

You have clear legal rights as an employee on Staten Island. However, understanding your legal rights can be challenging, and it can be even more challenging to assert your legal rights when necessary. An experienced Staten Island employment lawyer at Bell Law Group can help; and, if you have questions about your legal rights, we encourage you to contact us for a confidential consultation.

Our lawyers represent employees (as well as job candidates and former employees) on Staten Island in all employment-related matters. Whether you have a discrimination or harassment claim, you have been underpaid, or your employer has breached your employment contract, we can help. Your initial strategy session is free; and, during this initial strategy session, a Staten Island employment lawyer at our firm will ensure that you have all of the information and insights you need to feel confident in your next steps.

Your Legal Rights as an Employee on Staten Island

What are your legal rights as an employee on Staten Island? Here is an overview of the laws that may apply as well the options you have available if you need to take legal action:

The Laws that (May) Protect You

Generally speaking, employees on Staten Island are entitled to strong protections under both state and federal law. However, as we discuss below, federal employment laws don’t apply in all cases, so it is critical to ensure that you have a clear understanding of the claims you are (and aren’t) eligible to file. Ensuring that you have a clear understanding of your legal rights is just one of the many ways an experienced Staten Island employment lawyer at Bell Law Group can help you.

Federal Employment Laws

Congress has enacted several laws that prohibit harassment and discrimination in the workplace as well as laws that entitle workers to fair pay and reasonable accommodations. Some examples of the federal laws we frequently use to take legal action on behalf of our clients include:

  • Age Discrimination in Employment Act (ADEA) – The ADEA prohibits covered employers from discriminating on the basis of age. It applies specifically (and exclusively) to employees who are 40 years of age or older.
  • Americans with Disabilities Act (ADA) – The ADA prohibits discrimination on the basis of disability and requires covered employers to provide reasonable accommodations to disabled employees who request them.
  • Title VII of the Civil Rights Act of 1964 (Title VII) – Title VII prohibits discrimination in employment on the basis of race, color, national origin, religion, sex, sexual orientation, gender, gender identity, pregnancy and pregnancy-related conditions. It also prohibits harassment as a form of sex-based discrimination.
  • Equal Pay Act (EPA) – The EPA prohibits sex-based discrimination with regard to compensation. Other forms of compensation-related discrimination may fall under the ADEA, Title VII or other federal laws. Generally speaking, the EPA requires employers to provide equal pay for substantially equal work.
  • Pregnant Workers Fairness Act (PWFA) – The PWFA requires covered employers to provide reasonable accommodations to pregnant (or formerly pregnant) employees who request them, even if these employees’ medical conditions don’t qualify as disabilities under the ADA.
  • Family and Medical Leave Act (FMLA) – The FMLA entitles covered employees to job-protected leave when they need to tend to medical needs or provide care for their loved ones. FMLA violations are common, and a Staten Island employment lawyer at our firm can help you seek appropriate remedies for an FMLA violation if necessary.

While these are not the only federal employment laws, these are among the laws most commonly violated by employers in the private sector. If you have any questions about your federal rights as an employee on Staten Island, a lawyer at our firm can explain everything you need to know. We handle claims under all federal employment statutes, and we have a long record of success achieving favorable results for our clients.

New York State Human Rights Law (SHRL)

In addition to handling federal employment law claims, we also handle claims under the New York State Human Rights Law (SHRL). The New York SHRL is one of the most comprehensive anti-discrimination and anti-harassment laws in the country, and employees on Staten Island can pursue claims under the statute in a wide range of circumstances.

Under the New York SHRL, employers are prohibited from discriminating against employees in a wide range of protected classes. You may have a claim under the New York SHRL if you have experienced an adverse employment action based on your:

  • Age
  • Color
  • Creed
  • Disability
  • Genetic Characteristics
  • Family or Marital Status
  • Military Status
  • Gender Expression
  • Gender Identity
  • National Origin
  • Race
  • Sex
  • Sexual Orientation
  • Status as a Victim of Domestic Violence

Along with prohibiting discriminatory adverse employment actions, the New York SHRL also prohibits harassment in the workplace. This includes not only sexual harassment, but also harassment based on any other protected characteristic. Under the New York SHRL, it is also illegal for employers to, “discharge, expel, or otherwise discriminate against [an employee] for opposing discriminatory practices, filing a complaint, testifying, or assisting in any proceeding related to enforcement of the [law].”

Applicability Based on Employer Size

While these laws provide important protections to employees, they unfortunately don’t apply to all employees in all cases. In particular, most of the federal laws listed above have employee thresholds, meaning that they only apply to employers with a certain minimum number of employees. The employee thresholds for the statutes listed above are:

  • Age Discrimination in Employment Act (ADEA): 20 or more employees
  • Americans with Disabilities Act (ADA):15 or more employees
  • Title VII of the Civil Rights Act of 1964 (Title VII): 15 or more employees
  • Equal Pay Act (EPA): Two or more employees
  • Pregnant Workers Fairness Act (PWFA): 15 or more employees
  • Family and Medical Leave Act (FMLA): 50 or more employees
  • New York State Human Rights Law (SHRL): One or more employees

While the New York SHRL used to only apply to employers with four or more employees, this changed in 2020. This fact, combined with the New York SHRL’s long list of protected characteristics, means that this statute is one of the most potent tools available to employees on Staten Island when it comes to standing up to discrimination or harassment at work.

If your employer is close to one of the employee thresholds listed above, a Staten Island employment lawyer at our firm can determine if the relevant statute protects you. Not only can the timing of your claim come into play; but, if your employer has multiple locations or part-time or seasonal employees, this can come into play as well. While understanding your legal rights is not easy, it is important, and you deserve to make sure that you are protecting yourself by all means available.

Options for Taking Legal Action

Let’s say you have a harassment, discrimination or retaliation claim against your employer on Staten Island. What are your options for taking legal action?
The answer to this question depends on the specific law (or laws) that protect you. During your free initial strategy session, a Staten Island employment lawyer at our firm can explain the options you have available. These options may include one or more of the following:

Seeking an Amicable Resolution that Preserves Your Employment

One option, should you choose to pursue it, is to seek an amicable resolution that preserves your employment. If your employer inadvertently violated the law, or if it is willing to make changes in light of the improper treatment you experienced, this could be a viable solution. For many employees, leaving their current employer is a major life event, and it will be worth exploring options for avoiding this outcome, if possible.

With that said, you are under no obligation to seek an amicable resolution if your employer has violated your legal rights. If you want to hold your employer accountable, you have every right to do so. We have decades of experience representing employees in both types of scenarios, and we can help you regardless of how you want to pursue your case.

Equal Employment Opportunity Commission (EEOC) Complaint Process

For employees on Staten Island who have federal claims, filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) is often the first (and sometimes the last) step in the process. The EEOC handles discrimination and harassment complaints under Title VII and other laws.

Filing an EEOC complaint (or “charge”) is a unique process, so it is important to work with a lawyer who has relevant experience. We routinely represent employees in EEOC cases, and we can rely on our experience to help you seek a favorable outcome as efficiently as possible.

New York Department of Labor (DOL) Complaint Process

The New York Department of Labor (DOL) handles complaints involving wage and hour violations and certain other types of employment-related claims. We have extensive experience representing employees who have New York DOL complaints as well, and we can provide effective legal representation while guiding you step-by-step through the process.

New York Division of Human Rights (DHR) Complaint Process

The New York Division of Human Rights (DHR) handles discrimination and harassment complaints under the New York SHRL. As the New York Equal Employment Practices Commission explains, “[t]he State Human Rights Law permits a complaint to be filed with the DHR within one (1) year of the most recent act of alleged discrimination (if you were terminated, you must file within one (1) year of the date you were first informed you would be terminated).”

Filing a Civil Lawsuit Against Your Current or Former Employer

If you are not able to obtain a satisfactory resolution from the EEOC, New York DOL or New York DHR (or if you are not eligible to file a complaint with one of these agencies), you have the right to take your claim to court. We regularly represent employees in litigation involving discrimination, harassment, retaliation, contract violations and other legal issues.

While suing your employer may seem like a drastic step, it is not nearly as uncommon as most employees think—and it proves necessary in many cases. It is also important to understand that filing a lawsuit does not necessarily mean your case will go to trial. The substantial majority of successful employment lawsuits settle, and your Staten Island employment lawyer at Bell Law Group will work to obtain a favorable pre-trial settlement on your behalf if possible.

How a Staten Island Employment Lawyer at Bell Law Group Can Help

Let’s say you hire a Staten Island employment lawyer at Bell Law Group. What can you expect as you move forward? Here are just some of the ways our lawyers help employees (and job candidates and former employees) on Staten Island:

1. Free Initial Strategy Session

The first step in every case is to sit down for a free initial strategy session. This is your opportunity to learn about our firm, get your questions answered and learn about the options you may have available. We understand that you are dealing with a stressful (and potentially costly) situation, and we don’t believe you should have to pay to get headed in the right direction.

2. Informed and Confident Decision-Making

If you choose to move forward beyond your initial strategy session, your Staten Island employment lawyer at Bell Law Group will help you make informed and confident decisions every step of the way. This applies to everything from deciding whether to attempt to work out an amicable resolution to deciding whether to continue your fight in court. We are prepared to do whatever it takes to protect you—it is up to you to decide what you want to do about the situation you are currently facing.

3. Communicating Directly with Your Employer

Your lawyer can also communicate directly with your employer. If you have not already filed a complaint at work, this may start with filing a complaint on your behalf. Your lawyer can also work with your employer (or its lawyers) to attempt to achieve an amicable resolution without the need for formal legal action; and, if it is in your best interests to do so, your lawyer can negotiate for a confidential settlement.

4. Taking Legal Action on Your Behalf

If it is in your best interests to file an administrative complaint or file a lawsuit against your employer in court, your lawyer will take all necessary legal action on your behalf. We are extremely confident in our ability to effectively represent employees regardless of the challenges they have faced on the job. We routinely handle complaints with the EEOC, New York DOL, and New York DHR, and we are equally comfortable fighting for our clients’ legal rights in court.

5. Deciding When (and If) to Settle

If you have a discrimination, harassment, retaliation or breach of contract claim against your employer, there may come a time when a settlement offer is on the table. If you receive a settlement offer, your lawyer will help you decide whether to accept. While targeting a favorable settlement will often be the best approach, there are several factors to consider, and you do not want to settle your claim too soon.

Steps You Should Take if You May Have an Employment Claim on Staten Island

With all of this in mind, if you think you may have an employment claim on Staten Island, there are some important steps you should take promptly. These steps include:

1. Collect Your Records

You should collect any records you currently have in your possession that are (or may be) relevant to your claim. However, you should be very careful about taking any additional records from your employer’s premises or IT systems.

2. Take Detailed Notes

You should write down as many relevant details as you can remember. The more information you can bring with you to your first strategy session, the better.

3. Learn More About Your Situation

You should also take some time to learn more about your situation. Our blog contains a wealth of information for employees who have experienced discriminatory adverse employment actions, harassment, and other violations, and we have published several informative videos as well.

4. Research Your Legal Options

You should take some time to research your legal options as well. Your choice of legal representation matters, so we recommend reading some reviews to help you make an informed decision.

5. Schedule an Appointment

While all of these steps are important, you should not delay in scheduling an appointment with a Staten Island employment lawyer. Timing can be important, so we strongly recommend scheduling an appointment right away.

Schedule Your Free Strategy Session with a Staten Island Employment Lawyer Today

Would you like to speak with a Staten Island employment lawyer? If so, we invite you to schedule a free strategy session at Bell Law Group. To discuss your situation with an experienced lawyer in confidence as soon as possible, call 516-280-3008 or tell us how we can reach you online now.

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