As an employee, it can be difficult to know when you should consider taking legal action against your employer. If you believe that you have been treated unfairly, you don’t want to make your situation worse, but you also don’t want to let the issue go. So, when is it time to hire an employment lawyer?
Job applicants can face similar questions. In some cases, former employees will have grounds to pursue legal action against their former employers as well. Ultimately, if you have questions about your legal rights, you will need to obtain legal advice that is custom-tailored to your specific circumstances.
10 Circumstances in Which You Should Consult with an Employment Lawyer
With that said, there are various general circumstances in which job applicants, current employees, and former employees will benefit from talking to an employment lawyer. For example, it will likely be worth seeking legal advice if:
1. You Were Wrongfully Denied a Job Opportunity
Job applicants are entitled to anti-discrimination protections under New York and federal law. If you believe that you were denied a job opportunity for a reason unrelated to your qualifications for the job (or the sheer number of applicants), you could have a discrimination claim under Title VII of the Civil Rights Act of 1964 (Title VII), the New York State Human Rights Law (SHRL) or another applicable statute.
2. You Were Wrongfully Denied a Pay Raise or Promotion
If you believe that you were denied a pay raise or promotion based on your race, ethnicity, sex, sexual orientation, gender, disability, or any other protected characteristic, it will be worth talking to an employment lawyer in this situation as well. Title VII, the New York SHRL, and various other laws prohibit discrimination in all aspects of employment, and denying a pay raise or promotion based on a protected characteristic is a clear violation when these laws apply.
3. You Were Wrongfully Denied a Reasonable Accommodation
Employees who need reasonable accommodations for disabilities or religious practices can (and should) seek legal assistance when their employer denies their request for an accommodation. While there are circumstances in which employers can lawfully deny employees’ reasonable accommodation requests (i.e., when providing an accommodation would cause “undue hardship”), improper denials are not uncommon.
4. You Were Wrongfully Terminated
Eligible employees in New York can pursue wrongful termination claims under Title VII, the New York SHRL, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and other applicable laws. If you recently lost your job and believe that your termination was discriminatory, you should consult with an employment lawyer promptly.
As a general rule, employers in New York can terminate at-will employees with or without cause. However, employers cannot factor employees’ protected characteristics into their decision-making. Thus, even if your employer claims that it lawfully terminated you based on your “at-will” status, you could still have a claim if you were actually fired on a discriminatory basis.
5. You Are Being Paid Less Than Your Peers Without Justification
In New York, employees within the same company are entitled to equal pay for substantially similar work. If you work in a similar position and have similar qualifications and experience to your coworkers but are being paid less because of your sex, sexual orientation, gender identity, gender expression, race, marital status or any other protected characteristic, you should consult with an employment lawyer in this scenario as well. You may be entitled to back pay (with interest), among other remedies.
6. You Are Owed Unpaid Wages or Overtime
You may also be entitled to back pay (with interest), among other remedies, if you are owed unpaid wages or overtime. As you might expect, New York law generally requires employers to pay employees for the hours they work. If your employer is improperly withholding your pay, if you are not being paid the applicable minimum wage, or if you have worked overtime without additional compensation, these are all circumstances in which an employment lawyer may be able to help you.
7. You Experienced Discrimination in the Workplace
Along with wrongful denial of job opportunities, pay raises, promotions, and reasonable accommodations, discrimination in the workplace can take many other forms as well. If you have been demoted, assigned to an unfavorable position or work location, denied benefits offered to other employees, or otherwise treated differently at work based on any protected characteristic, you could have clear grounds to hold your employer accountable.
8. You Experienced Sexual Harassment in the Workplace
Sexual harassment is considered a form of sex-based discrimination under New York and federal law. It is never acceptable, and under no circumstances should employees be subjected to abuse or forced to choose between their careers and their personal sovereignty. If you have experienced any form of sexual harassment in the workplace, you should seek legal representation from an experienced New York employment lawyer promptly.
9. You Experienced Retaliation in the Workplace
As an employee, you have the right to speak up when your employer violates the law. Your employer cannot attempt to silence you, and it cannot retaliate against you if you decide to come forward (provided you do so through the appropriate channels). If you have experienced retaliation in the workplace, you should seek legal representation promptly in this scenario as well.
10. You Have Been Offered a Severance Agreement
Finally, if you are facing termination and have been offered a severance agreement by your employer, you should hire an employment lawyer to review (and potentially negotiate) the agreement before you sign. Severance agreements are often one-sided in favor of the employer, and you may be entitled to more than your employer is offering.
Request a Confidential Consultation with a New York Employment Lawyer at Bell Law Group
Do you need to speak with a lawyer about your legal rights? If so, we invite you to get in touch. To request a confidential consultation with a New York employment lawyer at Bell Law Group, please call 516-280-3008 or inquire online today.
