Sometimes, what your employer tells you doesn’t line up with what happened at work. Your manager might say your hours were cut because business slowed down, but the change came right after you complained about unpaid wages. If you’re questioning whether the complaint had something to do with the decision, you don’t have to rely on your employer’s explanation to figure out what happened.
Peter A. Romero has litigated employment cases in New York state and federal courts for more than 20 years. Your New York employment law attorney at Romero Law Group can investigate why your employer took action against you and whether New York law gives you a way to respond. Contact us to tell us what happened at work and find out what your legal options are.
Why Your Employer Fired You Can Determine Which Law Applies
If you were fired, we need to know what your employer says led to the firing. A termination based on unlawful discrimination can fall under New York Executive Law § 296. If you lost your job after reporting conduct you reasonably believed was illegal, New York Labor Law § 740 may apply instead.
If the problem is that your employer didn’t pay you correctly, Article 6 of the New York Labor Law contains provisions governing the payment of wages. The law we need to examine won’t necessarily be the same one we’d use to determine whether your firing was unlawful.
Your Employment Claim Starts With What Your Employer Did
You don’t need to know the name of a potential claim before talking with us. Tell us what your employer did and why it concerns you, and we can determine which employment law addresses it.
Discrimination Based on a Protected Characteristic
You tell your supervisor you’re pregnant and soon afterward get passed over for a promotion you were expecting. We can find out why someone else received the promotion and whether your pregnancy influenced that choice. If you were treated unfavorably because you’re pregnant, you may have a pregnancy discrimination claim.
Sexual Harassment and Workplace Harassment
Your supervisor keeps sending you sexual messages even after you’ve told them to stop. Those messages can help document the conduct you’re reporting as sexual harassment. Harassment doesn’t have to be sexual, either. The New York State Human Rights Law can also apply when you’re harassed at work because of another legally protected characteristic, such as your race or religion.
Unpaid Wages and Overtime
Your time records show 45 hours for the week, but your paycheck only includes 40. We can compare the hours you recorded with what you were actually paid to find out whether you’re still owed wages. We can also check whether your employer paid any overtime you earned at the required rate.
Retaliation and Whistleblower Claims
You report conduct you believe is illegal and then find yourself facing discipline. We need to know what you reported before we can determine whether the law protects you from your employer’s retaliation. Whistleblower protections could also apply if you objected to or refused to participate in certain unlawful conduct.
You Can Face Discrimination While You Are Still Employed
You can be discriminated against at work even when you are still employed. New York Executive Law § 296 applies to more than hiring and firing. It also prohibits specified discrimination in the terms and conditions of your employment, which means losing your job isn’t the only reason discriminatory conduct can violate New York law.
You might still have the same position while a supervisor repeatedly makes insulting comments about your religion. If those comments are tied to a characteristic protected by § 296, we can examine whether the conduct created an unlawful hostile work environment. We don’t need to wait until you’re fired to look at discrimination you’re already dealing with at work.
When Did You First Notice Something Was Wrong at Work?
If you know the exact moment your employer started doing something that didn’t seem legal, think about what happened right before then. Some changes can help us determine whether your employer may have broken the law:
- You stop getting invited to meetings you always attended. If that started right after your manager learned your age, we can ask why you were suddenly left out.
- Your manager starts questioning your attendance after you request protected leave. If your attendance wasn’t a problem before your request, we can look at why your time away suddenly became an issue.
- Your boss starts criticizing work they previously praised. If the criticism begins after you report discrimination, we can ask why your performance only became a problem after you spoke up.
- Your paycheck is suddenly short. The first paycheck that doesn’t include all of your hours tells us when the missing pay started and whether it kept happening.
- You report conduct you believe is illegal and later get fired. How soon you were fired after making the report can help us determine whether New York’s whistleblower law may protect you.
When we know which came first, we can determine which employment law addresses your employer’s actions. If your claim later needs to be brought before the New York State Division of Human Rights or pursued in court, you won’t be starting over with someone new. Peter A. Romero has represented employees in both settings.
Missing Pay and Whistleblowing Raise Different Questions
If your employer owes you money, we need to figure out what you earned and what was actually included in your pay. If you spoke up about something you believed was illegal, we need to know exactly what you reported.
Your Employer May Still Owe You Wages
Maybe you earned a commission for a completed sale, but it never appeared in your pay. Article 6 of the New York Labor Law contains requirements governing the payment of wages. We can look at what you earned and what your employer paid to determine whether money is still owed. Your New York employment lawyer can also determine whether you should have received overtime pay.
What You Reported Can Determine Whether Whistleblower Law Protects You
You may believe your employer is doing something illegal and decide to report it. New York Labor Law § 740 can protect you from retaliation when you report conduct you reasonably believe violates a law, rule, or regulation. The statute also covers qualifying reports involving a substantial and specific danger to public health or safety. Calling something unfair isn’t enough by itself; what you reported has to meet the requirements of § 740.
We Need to Know Why Your Employer Took Action Against You
If you were demoted, we need to know who decided to take away your position and what that person knew at the time. A supervisor who didn’t know about an earlier complaint can’t be analyzed the same way as someone who knew about it before making the decision. We also need the reason your employer gave you for the demotion.
The law involved tells us what comes next. Your claim may need to go through a government agency, or you may be able to pursue it in court. The filing deadline can change depending on the claim and where it is brought, so we need to identify both before deciding how to proceed.
New York Employment Law FAQs
Which Employment Laws Protect Workers in New York?
New York employees don’t rely on one employment law for every workplace problem. The New York State Human Rights Law prohibits covered discrimination and harassment, and federal law may separately protect an employee from the same conduct.
Can I Sue My Employer for Discrimination in New York?
A lawsuit may be available for unlawful discrimination, but not every claim follows the same path to court. The law involved determines whether an agency filing or another procedural requirement needs to be dealt with first.
Can Salaried Employees Receive Overtime Pay in New York?
Yes. Receiving a salary doesn’t automatically eliminate an employee’s right to overtime pay. An employer relying on an overtime exemption must be able to satisfy the applicable requirements concerning the employee’s actual duties and compensation.
What Protects Whistleblowers From Retaliation in New York?
New York Labor Law § 740 can protect employees who report or object to employer activity they reasonably believe violates a law, rule, or regulation. What the employee reported or opposed is part of deciding whether § 740 covers the conduct.
How Long Do I Have to Bring an Employment Claim in New York?
There isn’t one filing deadline for all New York employment claims. A discrimination claim pursued through an agency, for example, may operate under a different deadline than another employment claim filed in court. The specific claim determines which deadline controls.
Do New York Employment Laws Protect Employees of Small Businesses?
Some do. New York employment laws don’t all define a covered employer the same way. Before assuming a business is too small for a particular law to apply, its size has to be checked against that law’s coverage requirements.
Have Romero Law Group Review Your Employer’s Actions
If you believe your employer broke the law, Romero Law Group can review the decision your employer made or the conduct you’re concerned about. Your employment law attorney in New York can identify which employment protections may apply and determine whether you have a claim. Contact us to explain what your employer did and find out whether you have grounds to take legal action.