New York Employment Rights Lawyers

Overview

Bantle & Levy LLP Fights For Your Employee Rights

From the entry-level worker to C-suite executive, your need for protected and secured employee rights is fundamental. However, we know that these New York employee rights issues may present themselves in different ways and we will work with you to ensure that at the end of the day, you are safe and secure.

At Bantle & Levy LLP, we represent New Yorkers in the following cases:

Hostile Work Environment

A New York hostile work environment is one form of employment discrimination based on actions that negatively affect an individual’s work performance. A hostile work environment differs from other forms of discrimination as it involves conduct that occurs in the actual employment context. A hostile work environment is created when an employee is subjected to bullying, insults, or unwelcome physical contact.

Being in a hostile work environment is difficult–and when you face lengthy court battles, it may be unbearable. But that doesn’t mean you can’t seek relief–At Bantle & Levy, we will help you seek compensation for the harms you have faced to ensure that it never happens again–to you or another employee.

Retaliation

Unfortunately, retaliation can become complicated in the workplace when it is not so obvious that it’s even occurring. Workplace retaliation occurs when you get punished by your employer because you exercised your legal rights or because you engaged in a lawful activity.

It is illegal for your employer to retaliate against you for:

  • Reporting or filing a discrimination claim;
  • Reporting or filing a sexual harassment claim;
  • Participating in an investigation or a lawsuit about a claim; or
  • Reporting that your employer is doing something illegal.

Sexual Harassment

Under state law, New York employers must provide written copies of sexual harassment prevention policies. Policies must include at a minimum:

  • Prohibit sexual harassment as per the Department of Labor
  • Provide examples of prohibited conduct
  • Include information on the remedies available to victims
  • Include a complaint form
  • Include the procedure for the investigation of complaints
  • Inform employees of their rights and responsibilities

However, when your employer fails to adequately provide protection to employees against sexual harassment or do nothing to stop ongoing sexual harassment, you likely have a claim.

Breach of Contract

In New York, a breach of contract occurs when a party does not perform its contractually agreed-upon obligations. Disputes and litigation may occur when one party involved in the contract:

  • Fails to provide
  • Fails to issue payment
  • Does not meet deadlines
  • Misinterprets the contract’s terms and conditions

Elements that signal a cause of action for breach of contract are the formation of a contract between plaintiff and defendant, performance by the plaintiff, defendant’s failure to perform, and the resulting damage.

Employee Contracts

Before signing any employment contract, you should understand exactly what the contract means. But, we know that starting a new job can make you nervous and miss out on the details that can be detrimental to your future. Or, if you have entered a high-level position, you may wonder if you’ll be limited in your future career prospects should you decide to move on.

At Bantle & Levy, we will negotiate, draft, and review employment contracts to ensure you are paid what you are worth.

Noncompete Agreement

As executives and professionals, it’s no surprise that you may have to enter into non-compete and/or non-solicit agreements. Unfortunately, sometimes these non-compete agreements will restrict future business opportunities.

Before signing on the dotted line, you need to negotiate the terms of your non-compete. This may include timelines of restricted employment opportunities, location, etc. This is a complicated process, but at Bantle & Levy LLP, we can help.

Requests for Reasonable Accommodation

When you have a disability–even if it’s short-term, you have a legal right to request a reasonable accommodation. However, when your employer isn’t working with you, you need a legal team who can negotiate your request.

Whether you have a mental or physical disability, long-term or short-term illness, should you need accommodation to continue working, you have a right to request it.

Quick facts about Employee Rights

Fact 1: Right to a Discrimination Free Workplace

A variety of federal, state and local anti-discrimination laws provide employees the right to a workplace from discriminatory bias and treatment. These laws give you the right to pursue a remedy if you are subject to an adverse employment action or a hostile work environment for a discriminatory reason. Whether an employer’s conduct is motivated by a discriminatory motive is fact-intensive inquiry that requires analyzing each unique set of circumstances pursuant to judicial interpretation of these laws.

Fact 2: Right to Be Free From Retaliation

Anti-discrimination laws make it unlawful for a company to subject you to an adverse employment in response to raising a good faith concern about discrimination in the workplace with your employer. However, how you raise your concern, including the words you use and who you bring it may be determinative of whether these laws apply to you. Accordingly, it may be wise to consult with counsel prior to raising your concerns to try to ensure your activity is protected under these statutes.

Fact 3: Right to Full and Fair Wages

The Fair Labor Standards Act and the New York State Labor Law provide rights and protections for New York employees aimed at ensuring that you are fully paid by your employer, including establishing minimum wages, overtime pay and protections against wage deductions for many employees. Both of these laws provide a variety of statutory remedies if the employer unlawfully withholds an employee’s pay or underpays an employee.

Blogs About Employee Rights

remote working

Those with Family Responsibilities Have Workplace Protections in the Era of COVID-19

Since the city’s schools and daycare centers were closed in March 2020, working New York parents have faced an often-impossible balancing act: performing their job responsibilities while simultaneously caring for...

Bantle & Levy July 2020

Contact Information

99 Park Avenue, Suite 1510
New York, 10016
(On Park Avenue between 39th Street and 40th Street)