One of the businesses with a large number of reviews for employment law in New York, NY is Phillips and Associates. We have a strong reputation among both workers and other attorneys for our tenacity, our understanding of the stakes, and our willingness to pursue our clients’ interests aggressively. Our reviews by clients let you know:
- We understand the stakes of our clients’ discrimination cases.
- We understand the importance of staying on top of their cases and rights.
- We provide our clients with regular updates.
- We provide responsive and professional legal representation.
- We are interested in how our clients are handling the harms done to them and what their losses have been.
- We are honest and up front with our clients.
- We fight to obtain appropriate settlements and verdicts for our clients.
We have also received accolades from our peers and the media. Employment law is a complicated and intricate field. Some New York City workers do not understand entirely whether they have a valid claim before coming to us. When our lawyers review a case, they will evaluate it with an understanding of how a court will apply federal, state, and local laws to the particular facts.
Business That Pursues Damage Under State and Local Laws
In many instances, state and local law provides the greatest protection. This was not always true of state law. However, it has been amended to allow for:
- Recovery of punitive damages
- Lowered standard to prove workplace harassment
- Prohibition against broad non-disclosure provisions in settlement or separation agreements that resolve any discrimination claim unless it is your preference as a plaintiff, and removal of the Faragher–Ellerth defense. The Faragher–Ellerth affirmative defense allowed companies to evade liability where they tried to prevent and correct harassment and an employee unreasonably failed to utilize corrective opportunities.
Unlike city law, state law does not allow a reduction to your punitive damages award even if an employer tried to prevent harassment through proper policies. This can be helpful in recovering your losses.
As our large number of reviews indicate, our New York City lawyers are dedicated to securing justice under the pertinent laws. In some instances, it may be appropriate to pursue damages under the New York City Human Rights Law. While the city law only applies to those employers that have at least four employees, it protects a much broader range of characteristics than do state or federal laws. Courts have interpreted it liberally for many years resulting in a strong body of case law that protects workers’ rights. Therefore, certain aspects of your case may be especially suited to litigation under the city law.
Business to Pursue Plaintiff’s Federal Employment Law Litigation
In most cases, federal laws are not as advantageous for plaintiffs. However, we cover all bases on behalf of our clients so that we may obtain the greatest possible relief for them in any employment law matter we take on.
Several different federal laws may pertain to New York City workplace discrimination. For instance, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, national origin, sex, and religion. It only applies to those workplaces that have at least 15 employees. Moreover, it is enforced by the Equal Employment Opportunity Commission (EEOC). Like other laws enforced by the EEOC, it caps damages based on the size of your employer, even if what happened to you was egregious.
However, there are situations in which a federal antidiscrimination law is attached to other legal requirements that could provide you with greater relief than state or local law does. Our highly-reviewed law firm will go over your legal options with you. For instance, the Age Discrimination in Employment Act (ADEA) covers workplaces with at least 20 employees and prohibits age discrimination against you, if you are 40 or older. Generally, state law is more favorable because it covers workplaces with only one employee. State and local law prohibit age discrimination even if you are under age 40. However, the ADEA also includes important provisions related to severance and layoffs that may be advantageous to you.
The Older Workers Benefit Protection Act (OWBPA), which amended the ADEA, mandates that employers take certain steps if they ask you to sign a waiver that includes a release of your claims, including your age discrimination claim, within an early retirement or severance agreement if you are 40 or older. Among other things, your employer should:
- Make the waiver reasonably understandable to the average person
- Explicitly state that if you sign it you will release your claims under the ADEA
- Give you 21 days to consider an offer of severance.
Our Large Number of Reviews for Employment Law Show Our Dedication to Workers
Our experienced New York City employment discrimination lawyers work hard to secure justice for clients who have been wronged in the workplace due to their identities. We understand how important your case is to you. We understand that you may have spent years building your career, only to have it ruined by an unscrupulous employer who focuses more on your identity than your credentials and work performance. You should not have to go through a fight against your employer alone. Employment litigation is aggressive, difficult, and competitive. It is crucial to hire attorneys that understand the tactics your employer’s defense team may use and have a strong reputation for fearlessly taking cases to trial. Over the years, Phillips & Associates has accumulated a large number of reviews for employment law in New York, NY. We’ve represented workers in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, Suffolk County, or Nassau County workplaces for years. You can call us for a free consultation at (866) 229-9441 or fill out our online form.