Upper East Side Employment Attorney | Upper East Side Business Litigation Attorney

To understand the complexities of federal, New York State, and NY Law and the interrelation of these bodies of law with one another, your business needs counseling from a Manhattan business litigation attorney. At the Law Offices of David S. Rich, LLC, we adroitly litigate both multifaceted and single-claim commercial and financial disputes on our clients’ behalf. We zealously advocate for our clients. Further, we adapt our legal strategies to our client’s needs. Learn more about our practice — and how we can assist you or your company — below.

New York Employment Law

New York employment law covers a myriad of disputes and issues arising out of employer-employee relationships. At the Law Offices of David S. Rich, LLC, our Manhattan business litigation attorneys have substantial experience litigating these causes of action and many others on behalf of employers and individuals. Some of the federal and NY Laws that companies frequently are accused of violating are as follows.

Breach of Employment Contract

When your company contracts with an employee or an independent contractor for specific work, the employee or contractor must adhere to the terms of that agreement. Suppose your business’s employee, or an independent contractor your company has retained, has violated a contract or is accused of breach of an employment contract. In that case, you need to speak to an Upper East Side employment attorney.

The Manhattan business litigation attorneys at the Law Offices of David S. Rich, LLC, can help with the following types of employment contracts:

• Executive employment contracts
• Commission and bonus agreements
• Full-time and part-time employee contracts
• Independent contractor agreements
• Fixed-term and flexible-term contracts
• Staffing agency agreements
• At-will employment
• Implied contracts and agreements

No matter your employment contract issue, a Manhattan business litigation attorney can help you decide how to handle the situation effectively and fairly.

Employment Discrimination on the Upper East Side

Federal law prohibits public and private employers with 15 or more employees from discriminating in all terms and conditions of employment based on gender, race, national origin, color, and religion.

New York State law bars employers with four or more employees from firing or refusing to hire an individual, and from discriminating against an individual in compensation or the terms and conditions of employment, because of the individual:

• Age
• Race
• Creed
• Color
• National origin
• Sexual orientation
• Military status
• Gender
• Disability
• Predisposing genetic characteristics
• Marital status
• Domestic violence victim status

NY Law also prohibits employers with four or more employees from firing or refusing to hire an individual, and from discriminating against an individual in compensation or the terms and conditions of employment, because of the individual’s actual or perceived:

• Age
• Race
• Creed
• Color
• National origin
• Gender
• Disability
• Marital status
• Partnership status
• Sexual orientation
• Alienage
• Citizenship status

If an employee has brought an employment discrimination claim against your company, contact an Upper East Side employment attorney as soon as possible.

Employee Retirement Income Security Act (ERISA)

Federal law prohibits discrimination against employees to interfere with their attainment of rights under an employee benefit (pension or health and welfare) plan. Disputes involving self-funded employee benefit plans are governed by state contract laws.

If your company offers benefits to employees and a legal issue arises, contact the Manhattan business litigation attorneys at the Law Offices of David S. Rich, LLC.

Family and Medical Leave Act (FMLA)

Federal law requires businesses with 50 or more employees to allow workers to take and to return to their jobs after taking up to twelve weeks of unpaid leave in twelve months in the following circumstances:

• The birth or adoption of a child
• To care for a close family member who has a severe health condition, for an employee’s own serious health condition
• When an immediate family member is called to active military service.

If an employee has brought an FMLA claim against your company, contact a Manhattan business litigation attorney at the Law Offices of David S. Rich, LLC.

Restrictive Covenants

To ensure that the time, effort, and resources they invest in both the instruction and cultivation of new workers will bear fruit, many employers in Manhattan make new workers sign employment agreements that include restrictive covenants.

In  there are two common categories of restrictive covenants. Non-disclosure agreements bar employees from disseminating trade secrets or confidential information. Non-solicitation agreements prohibit employees from seeking business from former customers for a defined time and within a specified geographical area.

In  restrictive covenants are enforceable to the extent that they are reasonable. A covenant is appropriate only if it:

1. is no greater than is required for the legitimate interest of the employer
2. does not impose an undue hardship on the employee
3. is not harmful to the public.

If your business seeks to enforce a restrictive covenant against a former employee, contact a Manhattan business litigation attorney at the Law Offices of David S. Rich, LLC.

Retaliatory Discharge

A series of federal, New York State, and NY Laws prohibit employers from retaliating against or punishing employees for asserting their legal rights or reporting violations to the government.

If your company needs assistance or guidance regarding a former employee’s retaliatory discharge claim, contact a Manhattan business litigation attorney at the Law Offices of David S. Rich, LLC.

Wage and Hour Litigation

Federal law requires that most employees in the United States be paid at least the federal minimum wage of $7.25 per hour for all hours worked and overtime pay at 1½ times the regular pay rate for all hours worked more than 40 hours in a workweek.

A worker may bring a collective action, on behalf of himself and others who are similarly situated, against an employer for failure to pay the federal minimum wage or overtime pay.

New York State law mandates that employees in Manhattan be paid at least the Manhattan minimum wage — depending on the county and the employer’s size, ranges from $10.40 per hour to $13.00 per hour — for all hours worked. Covered employees who work overtime must be paid at a rate of 1½ times their regular, “straight-time” hourly rate.

Contact the Law Offices of David S. Rich, LLC to speak with a knowledgeable Manhattan business litigation lawyer about ensuring that your company complies with overtime pay and other wage and hour laws or to retain a skilled Upper East Side overtime attorney to defend your company in unpaid overtime lawsuits or other wage and hour litigation.

Manhattan Workers’ Compensation Defense

Most workers in Manhattan are eligible for temporary or permanent cash benefits, known as workers’ compensation benefits, when they are injured by accident arising out of and during their employment.

If the employer or insurance carrier disputes a worker’s claim, no cash benefits are paid until a workers’ compensation law judge determines who is right.

Employers pay for workers’ compensation insurance.

If your company has a greater frequency of workers’ compensation claims or has more severe workplace accidents than other businesses in your industry that are roughly the same size, your company’s workers’ compensation insurance premiums will go up. Conversely, suppose your business has a lesser frequency of workers’ compensation claims or has less serious workplace accidents than other companies in your industry that are about the same size. In that case, your business’s workers’ compensation insurance premiums will go down.

Workers’ compensation law is counter-intuitive. Suppose an employee files a workers’ compensation claim. In that case, it’s in your best interest to retain a skilled Upper East Side workers’ compensation defense attorney to defend against the claim.

Manhattan Wrongful Termination Claims in Upper East Side

Most New York employment law claims involve an adverse employment action, such as wrongful termination. Other negative employment actions include the following:

• Failing to hire
• Demoting
• Failing to promote
• Reducing an individual’s compensation
• Reducing an individual’s work hours
• Denying or reducing an individual’s discretionary bonus
• Otherwise, detrimentally changing the terms and conditions of employment

Should an employee win a wrongful termination action against your company in your company may be liable to the employee for back pay, front pay, compensatory damages, punitive damages, and, at the court’s discretion, costs and reasonable attorney’s fees.

At the Law Offices of David S. Rich, LLC, we vigorously defend employers and represent other clients in wrongful termination lawsuits. If your business needs a Manhattan business litigation attorney to protect it from unlawful termination litigation, contact the Law Offices of David S. Rich, LLC.

Business Litigation

Because of Manhattan’s robust commercial, financial, and securities markets, business litigation in the New York State courts and federal courts in Manhattan is frequent and highly complex. In civil and commercial matters, some of the causes of action your business should use a Manhattan business litigation attorney to defend against are as follows.

Types of Claims We Litigate

At the Law Offices of David S. Rich, LLC, we have substantial experience litigating, on behalf of companies and individuals, the following claims and many others.

• Breach of contract actions. This includes the following: actions for violation of contracts for the sale of goods, professional services contracts, supplier contracts, independent contractor agreements, and agreements with temporary employment agencies.
• Business torts cases. This includes the following: actions for breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing, conversion, fraud, interference with contract, interference with prospective advantage, and negligent misrepresentation.
• Bankruptcy and adversary proceedings
• Civil racketeering actions. That is, lawsuits brought under the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”)
• Business dissolution proceedings, as well as other corporate litigation
• Consumer fraud actions
• Equitable claims, such as lawsuits in quantum meruit or for unjust enrichment
• Product liability cases
• Franchiser-franchisee litigation
• Qui tam actions. That is actions in which the plaintiff sues for the state and himself or himself.
• Proceedings to enforce money judgments. This includes the following: turnover proceedings, sheriff’s execution and sale, wage garnishments, post-judgment receivership, fraudulent transfer claims, and cross-border judgment enforcement.
• Commercial and securities arbitration and mediation, including arbitration and mediation before, among other arbitral bodies, the Financial Industry Regulatory Authority, Inc. (“FINRA”)

Schedule a consultation with a Manhattan business litigation attorney at the Law Offices of David S. Rich, LLC, to learn more about our commercial litigation practice.

Resolving Business Disputes

If you or your company is involved in a business dispute, a Manhattan business litigation attorney may be able to resolve it quickly and efficiently on your behalf. We are skilled litigators at the Law Offices of David S. Rich, LLC, but we also understand the value of keeping our clients out of court.

When we defend companies in business litigation, our ultimate goal is to eliminate our clients’ problems. We do this through pretrial or trial advocacy, alternative dispute resolution, or negotiation. When possible, we resolve our client’s disputes privately and confidentially. Where an early solution is not feasible, the Law Offices of David S. Rich, LLC will skillfully litigate your company’s case until settlement or through trial.

We craft customized litigation strategies at the Law Offices of David S. Rich, LLC, to meet your business’s needs.

Common Mistakes that Can Lead You to a Manhattan Business Litigation Attorney

Business litigation is complicated, time-consuming, and very costly. While your business litigation attorney will be primarily handling your business dispute, there are inevitable mistakes that you can avoid to help your case along the way:

Not being an active participant in the litigation.

Selecting your Manhattan business litigation attorney is essential, but your involvement in your case should continue. To provide the best representation possible, your attorney needs to have a detailed account of all the facts, needs all the relevant documents, and needs to interview all the witnesses. You are the one who should provide all this information and provide important context for it. Your attorney may be an expert in the applicable law, but its effect on your business needs your attention. It would be best if you involved yourself in deciding a legal strategy for your business.

You might think you don’t need a business litigation attorney in Manhattan.

You should never assume that you can analyze and apply the law without an attorney. You may be able to read a contract, statute, or patent and understand it on a basic level, but you are in no position to interpret its legal meaning and relevance. Business law is incredibly complicated in Manhattan, and attorneys spend many years and thousands of dollars developing their legal expertise. Trying to represent yourself can mean disaster for your business.

Need to keep necessary documents.

Any formal business documents self-contained, meaning that another copy is not required to provide context, are unlikely to be misconstrued and can be helpful to your Manhattan business litigation attorney. For instance, the documents that detail your company’s start, your product’s development, or any significant business transaction can be crucial to the litigation of your case.

Failing to perform due diligence.

Business litigation in Manhattan is costly. However, it would help if you never tried to minimize costs by cutting corners regarding preparation. Do not assume the litigation will resolve before trial, even if most cases do. Always take any litigation seriously from the very beginning. Otherwise, there can be dire consequences for your business. Your business should always perform due diligence at the start of any problem to ensure that you and your attorney understand the relevant facts and law. This prepares for informed decisions about legal strategy. If you are unprepared, you can be sure that the opposing side will quickly figure that out.

Not determining the worth of your Manhattan business litigation case.

Many times, parties will initiate litigation without knowing the possible remedies. Is an injunction more likely than a monetary award? Is your case worth $500 million or $100 million? You must discuss the risks and rewards with a Manhattan business litigation attorney to develop a proper litigation strategy.

Consult with a Manhattan Business Litigation Attorney

When you work with a Manhattan business litigation attorney at the Law Offices of David S. Rich, LLC, you’ll receive both client-focused and tenacious legal representation. We offer comprehensive employment and business litigation services — and we also pride ourselves on our attention to detail. We provide confidential consultations and look forward to meeting with you.