State and federal law protects employees. As a result, if an employee alleges that you, the employer, violated these laws, they can pull you into a lengthy and expensive legal battle in state or federal court. If this happens to your company, it is important to work with an experienced NY employment attorney. One well-versed in NYS labor law will be able to defend against these allegations.
What Kind of Lawsuits Can Employees Bring Against Employers?
As your NY employment attorney can tell you, there is a staggering array of lawsuits that an employee can bring against their employer, including:
- Contract cases: This occurs if an employee claims the employer breached a contract with them.
- Wage and hour cases: State and federal law mandates that many employees must be paid at least minimum wage and overtime for hours worked in excess of 40 hours a week. It also prohibits employers from making certain deductions from employees’ wages.
- Discrimination cases: State and federal law requires that employers not discriminate on the basis of race, sex, disability, age and other factors.
- Retaliation cases: All employees are protected by state and federal law from being retaliated against for reporting violations of law or safety issues.
- Family Medical Leave Act (FMLA) cases: Federal law mandates that employers allow certain employees have time to care for family members or take leave for their own health related reasons without job loss or retaliation.
- Workers’ compensation cases: This is for on-the-job employee injuries.
- Employee Retirement Income Security Act (ERISA) cases: This is for issues involving pensions and benefits.
- Non-competition clauses: This occurs if a former employee takes a new job in violation of a clause in their contract prohibiting their employment with your competitors.
As shown by the wide array of potential cases, NYS labor law is complicated. It also involves a strong understanding of both state and federal law. Only a NY employment attorney who specializes in NYS labor law will know how courts in New York interpret federal law and apply it to employers.
How Can You Protect Yourself With a NY Employment Attorney?
Sometimes, no matter how well your company has followed the dictates of the labor laws, an employee may still claim that there were violations which entitle them to recover damages. Unfortunately, no matter how baseless, allegations that your company has violated these laws are serious. Moreover, without proper counsel, they can lead to expensive settlements or litigation which takes years to resolve. Even a baseless lawsuit can lead to harmful press and expose information that your company would like to keep private.
To protect against these risks, it’s important to hire an experienced NY employment attorney as soon as possible. He can guide you through the process of defending and resolving these cases expeditiously. NYS labor law cases can often reach resolution through settlement negotiations prior to the filing of any public documents in court or with an administrative agency that oversees employment law violations. If the case cannot, or should not be resolved through early settlement, your attorney can guide you through the administrative or legal process to work to:
- get the case dismissed,
- continue settlement negotiations, and
- if necessary, take the case to trial or arbitration to defend against the accusations.
A NY employment attorney will be familiar with the courts, arbitrators, administrative agencies, and plaintiffs’ attorneys in our area. Experience with the local players is essential to getting the lowest possible settlement and quickest resolution. It is also necessary to getting the case dismissed or at least before someone that is more favorable toward employers.
Employment Compliance and Consulting
One way to minimize the threat or filing of lawsuits alleging violations of employment law is to rely on your attorney to craft employment practices at your company which comply with state and federal law. At the Law Offices of David S. Rich, LLC, we have experience in creating a wide array of policies that comply with NYS labor law. This includes policies for the prevention harassment and discrimination, to policies for hiring, disciplining, and evaluating employees. We can help you develop the proper practices. We can also help you put these policies in writing to document your company’s efforts to comply with the law.
Written policies crafted by lawyers are extremely helpful to defending against lawsuits. However, if these policies are not implemented, your company could still face lawsuits for unlawful practices down the road. To guard against this, we can then train your employees to properly implement lawful labor practices. This will create a good work environment which complies with the law and minimizes the risk of future lawsuits.
We can also provide advice or conduct investigations on issues with specific employees before a lawsuit arises. In this way, we work together to craft an approach that fits your business needs while complying with the law. Whether an employee is seeking accommodation based on their disability, raising a concern about discrimination, complaining of violence, emotional abuse, or theft, we can counsel or intervene on your behalf. We can ensure your response resolves the issue and protects the company from potential future lawsuits. We know how to handle a wide array of employment issues from working with other employers. Moreover, we have carefully studied the way New York courts interpret employment laws in order to pinpoint what they require of employers.
Business Contracts and Agreements
Business contracts must balance the need to comply with state and federal law with the need to protect your business’s best interests. Having an experienced NY employment attorney draft your business contracts ensures that you can find this balance.
Our NYS labor law attorneys have experience in drafting all business agreements, including:
- employment contracts
- severance agreements and waivers
- contracts for sales of goods or provision of services
- independent contractor agreements
- confidentiality agreements
We have the business acumen to understand your financial needs. We also have the legal knowledge to comply with all state and federal requirements. Working together, we can help create contracts that will protect both your financial and legal needs.
Moreover, if another business breaches a contract with your business, you will need a seasoned attorney to take legal action to recover your losses. For example, if another company or person breaches a credit agreement or sales contract with you, you will need to recover your losses as quickly and efficiently as possible.
To Learn More About NYS Labor Law
We specialize in several practice areas to provide full service representation for the labor and employment law needs of both large and small companies. We have a record of success litigating cases in court. In addition, we have a record of success advising companies on how to protect themselves before ever needing to file a lawsuit. To hire a skilled NY employment attorney today, call the Law Offices of David S. Rich, LLC at (212) 209-3972.
Our firm’s labor and employment practice includes the following:
- Labor and Employment Litigation
- Employment Compliance and Consulting
- Business Contracts and Agreements
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