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Retaliation

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It is illegal for an employer to fire, demote, harass or otherwise retaliate against job applicants or employees for filing a charge of discrimination in court or with an outside agency (such as the Equal Employment Opportunity Commission (EEOC)), making an internal complaint about discrimination on the job or participating in an employment discrimination investigation or lawsuit.

The law forbids retaliation when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits and any other terms and conditions of employment.

Family and Medical Leave Violations

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The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees of covered employers the right to take unpaid, protected leave for certain care-taking responsibilities and health problems. (New Jersey has enacted its own statute, the New Jersey Family Leave Act (NJFLA)).

The FMLA prohibits employers from denying leave to their employees. Upon an employee’s return from a covered leave, the employer must allow him or her to return to work at the same position or a similar, equivalent position.

This law helps employees balance work and family obligations. Unfortunately, not every employer understands the law – and some willfully or negligently violate its provisions.

Under the FMLA, employees may take leave for the following reasons:

  1. The birth, adoption or foster care placement of a child;
  2. A family member’s serious health condition;
  3. The employee’s own serious health condition; and
  4. Certain circumstances related to a family member’s military deployment or serious injury or illness arising from military service.

If you live or work in New Jersey, the NJ Family Leave Act (NJFLA) may apply to you as well.

If you believe that your employer denied your rights to family or medical leave or retaliated against you for exercising your right to take protected leave, you should contact an attorney in your area.

Sexual Harassment

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The Clancy Law Firm has an extensive record of advocating for and obtaining recoveries for employees who have been subjected to sexual harassment at work.

Sexual harassment is unwanted sexual conduct or speech that creates a hostile work environment or negatively impacts an employee’s job performance, employment status, or prospects for career advancement.

Sexual harassment can take many different forms, including unwanted sexual advances, crude jokes, or offensive comments directed at a person’s gender, physical appearance, or sexual preferences.

Employers are legally obligated to maintain a safe working environment and can be held liable if they engage in or allow illegal sexually harassing conduct in the workplace. Also, employers who discriminate against employees who have been victims of sexual harassment or who retaliate against employees for complaining about sexual harassment at work can be subject to legal action.

If you believe that you have been the victim of sexual harassment at work or have been retaliated against for resisting or reporting harassment, you should contact an attorney in your area. Contact The Clancy Law Firm at (212)-747-1744.

Discrimination

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Discrimination exists in the workplace when an employee is harassed, given different terms and conditions of employment or subjected to an adverse employment action as a result of his or her membership in a protected class.

Protected classes include age (over 40), race, color, national origin, gender, sexual orientation, disability, pregnancy and religion.

Discrimination against members of these protected classes is prohibited by various federal, state and local statutes, including and in particular, Title VII of the Civil Rights Act of 1964. Retaliation against an employee for opposing discriminatory treatment is also prohibited and violative of these statutes.

Adverse employment actions can include termination, demotion, unequal pay, prejudicial hiring practices, failure to promote a qualified employee and/or inequality in granting leave, benefits, training or work assignments.

If you believe that you were a victim of discrimination, it is important to contact a knowledgeable employment attorney as soon as possible, as there may be serious time limitations to your case. The attorneys at The Clancy Law Firm, P.C. are committed advocates of employee rights with years of experience handling discrimination claims. Contact us to discuss the details of your case at (212) 747-1744.

Wrongful Death

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Wrongful death occurs when an individual’s negligence leads to another individual’s untimely death. A wrongful death case may lie in a number of different contexts, including car accidents, construction site accidents, swimming pool accidents, medical malpractice, slip and fall accidents and fires in the home.

The goal of a wrongful death case is to get compensation to the survivors and beneficiaries of the deceased for their loss.

In times of grief, it is understandably difficult for family members to recognize the importance of prompt investigation of the circumstances of death, preservation of evidence and identification of responsible parties.

Medical Malpractice

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When a licensed healthcare professional acts negligently, causing injury or death to a patient, that patient or their loved ones may be entitled to collect damages.

When a medical provider fails to follow procedure or performs an operation they should not have, this could be a case of medical malpractice.

The attorneys at The Clancy Law Firm, P.C. are experienced in helping victims of medical malpractice receive due compensation.

Construction Accident Injuries

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A construction site can be an extremely hazardous workplace. Construction workers must be aware of their surroundings at all times. They need to watch out for falling objects and other hazards all while performing their job. In addition, the supervisors responsible for the workers’ safety have an obligation to ensure all safety measures, tools and equipment, are in place.

We are experienced construction accident and Labor Law Attorneys who have witnessed how a devastating construction injury can affect an injured victim and his or her family. We have represented and obtained significant settlements and awards for injured construction workers.

Premises Injuries

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Property owners have obligations under the law to keep their land, and the buildings on it safe for authorized visitors as well as those who have business there. When property owners fail to meet that standard of care, serious injuries can occur.

Common situations that give rise to premises liability lawsuits include slip and fall accidents, defective sidewalks, electrocutions, gas explosions, animal attacks, negligent or inadequate security and inadequate maintenance. Injuries in premises liability claims range in severity from minor to catastrophic.

If you are looking for an experienced premises liability lawyer to help you pursue justice and compensation for your injuries, please contact The Clancy Law Firm at (212) 747-1744.

Defective Products

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Thousands of people are seriously injured or killed every year by dangerous and defective products. Many of these injuries could have been avoided if appropriate safety and design measures were taken to ensure quality of these products. Defective products, including dangerous toys, industrial machinery and equipment, improperly designed consumer products and motor vehicles, may cause significant bodily harm. Those who have been injured by a defective product may be entitled to compensation.

Workplace Injuries

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If you have been injured in the workplace, you may have heard that your only route to compensation is through your employer’s workers’ compensation. Though this is the general rule, there are possible exceptions, such as:

  • If you were injured due to your employer’s intentional or egregious conduct;
  • If your injury was caused by a third party (for example, if you are rear-ended by a stranger while driving a company car);
  • If your injury was caused by a defective product;
  • If your injury was caused by a toxic substance;
  • If your employer does not carry workers’ compensation insurance; and
  • If you have been injured on the job, it is important that you contact an attorney to assess your claim.

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