Suffolk County Employment Lawyer
Many federal, state, and local laws regulate how employers treat their employees. Workers are entitled to be free from discrimination or harassment in the workplace and when applying for a job. If your employer has engaged in unlawful conduct, you may be in need of a Suffolk County employment lawyer. At Phillips & Associates, our workplace rights attorneys provide aggressive representation to plaintiffs filing lawsuits arising out of sexual harassment and all forms of employment discrimination. We also can bring claims based on wage and hour violations, severance agreements, retaliation, and wrongful termination, among other matters. Pregnancy discrimination is also illegal. If you feel you were discriminated against or were subjected to a hostile work environment call our employment attorneys today for a free consultation.Pursuing an Employment Claim Under Federal or New York Law
Workers who believe that they have suffered discrimination in the job application process or in the workplace due to their race, color, sex, religion, national origin, age, disability, or genetic information may file a charge of discrimination with the federal Equal Employment Opportunity Commission (EEOC). Every law enforced by the EEOC, except the Equal Pay Act, requires that workers file a charge of discrimination before proceeding to file a lawsuit against the employer. Although you can file a charge without legal help, in most cases it is wise to consult an employment attorney about your claims and options to make sure that you present your situation in a favorable light. The New York State Human Rights Law (“NYSHRL”) and New York City Human Rights Law (“NYCHRL”) extend protection to other areas of discrimination including but not limited to criminal convictions, domestic violence, gender identity, marital and partnership status.
If you file a charge of discrimination with the EEOC, you may be asked to go to mediation to resolve the dispute. If mediation does not resolve the issue, an investigator will look into the charge. If the EEOC is unable to substantiate the discrimination they will issue a Notice of Right to Sue. This does not mean you don’t have a case and you can still proceed to file your case in court. If the EEOC does find a legal violation, it tries to negotiate a voluntary settlement, and if none can be reached, the case is referred to lawyers who decide whether to file a lawsuit on behalf of the agency. If the agency decides not to sue, it will provide you with a Notice of Right to Sue. Additionally, your employment attorney can request a Right to Sue earlier and proceed to court.
In some situations involving discrimination, the employer may terminate the plaintiff's employment because of a discriminatory reason or because the plaintiff has filed a charge or made a complaint to HR. It is illegal under the laws enforced by the EEOC for your employer to retaliate against you because you complained about discrimination. However, if you lose your job and file a charge, you should be aware that you have an affirmative duty to mitigate your lost wages. This means that you are required to use reasonable diligence to try to get substantially equivalent employment. This means a job with similar pay, promotional opportunities, responsibilities, status, and working conditions to the job that you lost through discrimination.Explore Your Options with an Employment Lawyer in Suffolk County
If you have been harmed by illegal conduct in your workplace, you should discuss the situation with a Suffolk County employment attorney and explore your potential options. We can help you determine how to proceed and advocate vigorously for your rights at every step of the process. Call Phillips & Associates at (833) 529-3476 or use our online form to set up a free consultation with a wrongful termination lawyer or seek assistance with another employment claim.