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KNOW YOUR RIGHTS
While human rights laws in New York City and New York State provide that workers are employed "at-will" – meaning you may be fired at any time, for any reason, or for no reason at all.
Learn MoreThe New York State Human Rights Law, New York City Human Rights Law, and several federal laws, including but not limited to, Title VII of the Civil Rights Act.
Learn MoreUnwelcome sexual conduct directed at one employee by another, regardless of gender, and includes inappropriate joking or touching, requesting sexual favors, or any other harassment that is sexual in nature.
Learn MoreIt is illegal under both city, state and federal law for an employer to discriminate against you on the basis of your race, gender, or age. It can also be illegal to discriminate against you on the basis of your criminal history.
Learn MoreWhether you are applying for a new job or you are already an employee of a company, more and more employers are conducting background checks.
Learn MoreIt is illegal under both state, city and federal law for an employer to discriminate against you on the basis of a disability. If your employer has discriminated against you on the basis of your disability, they may have violated the law.
Learn MoreIf you believe that an employer has terminated you, refused to hire you, disciplined or demoted you because of pregnancy, you should contact Fitapelli & Schaffer to schedule a free consultation.
Learn MoreSeverance agreements generally provide an employee with additional compensation in exchange for the release of any and all claims that may have arisen during their employment.
Learn MoreWhile employed, you may witness instances of wrongdoing in the workplace or may be asked to engage in wrongdoing and may wonder whether there is anything you can do about it.
Learn MoreNot all employees are deemed "at-will" and one exception to the "at-will" classification are those employees hired pursuant to an employment contract.
Learn MoreContracts outline the relative duties and expectations of both you and your employer. The terms and conditions of these agreements are relevant both during the employment period and after the employment relationship is over.
Learn MoreIf you have not been paid within a reasonable amount of time or if your employer has failed to pay you your proper commission, you may have a claim against your employer for unpaid wages and commissions.
Learn MoreWhat are my rights as an employee in New York?
New York employees are protected from wrongful termination in violation of public policy or contract; workplace discrimination and harassment based on race, gender, age, disability, or pregnancy; retaliation for reporting violations; and are entitled to negotiated severance and properly paid commissions under New York and federal law.
What counts as wrongful termination?
While most New York employees are “at-will” and can be fired for any legal reason, termination becomes wrongful when it violates an employment contract, breaches an implied covenant, or is motivated by discrimination, retaliation, or another reason prohibited by law.
Can my employer retaliate against me for reporting discrimination or harassment?
No. New York State Human Rights Law, New York City Human Rights Law, and federal laws including Title VII of the Civil Rights Act prohibit employers from retaliating against employees who report discrimination, harassment, or other unlawful workplace conduct.
Do I need a lawyer for a workplace discrimination claim?
While not legally required, an experienced employment discrimination attorney can help identify all viable claims, meet strict filing deadlines, and negotiate from a stronger position. Most firms, including Fitapelli & Schaffer, LLP, offer free consultations to evaluate a claim before you decide.
How much does it cost to hire an employment lawyer?
Fitapelli & Schaffer, LLP generally handles employment cases on a contingency fee basis, meaning there are typically no upfront legal fees, and the firm is paid only if the case results in a recovery.
How long do I have to file a discrimination claim in New York?
Deadlines vary by claim type and agency. For example, claims filed with the EEOC generally must be brought within 300 days of the discriminatory act, while claims under the New York State or City Human Rights Law generally allow up to three years, so it's important to consult an attorney promptly to preserve your rights.