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.
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:
- The birth, adoption or foster care placement of a child;
- A family member’s serious health condition;
- The employee’s own serious health condition; and
- 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.
Employment contracts are used to dictate the specific terms and conditions an employee must agree to if he or she decides to accept a certain position. They may include terms about duration of the job, responsibilities and expectations, salary and raises, acceptable reasons for termination, severance pay and more.
Employment agreements now often include restrictive clauses, such as non-compete agreements or restrictions on solicitation with other companies. These limitations are usually placed on employees who will have access to sensitive and confidential information regarding the operations of the business.
Most contracts and agreements are in writing, but some are made orally. Oral contracts are more difficult to prove, but can still be legally binding.
The Clancy Law Firm, P.C. can advise you on the best steps to take when agreeing to or litigating a contract. If you are seeking guidance with negotiating or reviewing an employment agreement, please contact us at (212) 747-1744.
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.
A severance agreement is a contract or legal agreement between an employer and employee documenting the rights and responsibilities of both parties in the event of job termination. Sometimes this agreement is called a “Separation” or “Termination” agreement, and it may contain a general release and covenant not to sue.
It is important to consult an attorney to review your severance agreement not only because it can be advantageous to negotiate the terms of the agreement, but because severance agreements can contain limits on your ability to work such as non-compete agreements and can restrict your right to sue your employer in the future. To protect your rights, you should contact an attorney in your area. If you live and/or work in New York or New Jersey and require guidance with negotiating or reviewing a severance agreement, contact The Clancy Law Firm at (212) 747-1744.
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.
All workers in the U.S. are protected by the Fair Labor Standards Act (FLSA), a federal law that provides workers with basic protections regarding their pay and hours worked, such as the 40-hour work week, overtime requirements and the federal minimum wage.
Common ways in which employers violate this law are by pressuring or ordering employees to work off the clock, altering time cards, denying overtime and much more.
Employees that are not exempt from the FLSA must be paid “time and a half” (one and a half times their normal wage) for any hours worked over 40 hours per week.