In order for a person to have a claim against their employer, there must be some adverse action that has a direct negative effect upon that person’s rights. Discrimination is one type of behavior that may potentially allow employees to file a lawsuit against their employer under New York state or federal laws.
Discrimination happens when an employer, supervisor or other employees engage in some type of action that treats someone in a protected class differently from others. For example, this can mean paying women employees less than male employees. It may be refusing to promote employees who are not white.
You may have raised a complaint with your employer about these behaviors, resulting in reduced pay, a cut in your hours or even the loss of your job. Employers are not allowed to retaliate against you for making these complaints, although many often do anyway. This is when you need to have a lawyer on your side.
As an experienced employment law attorney, I have helped many individuals take action after their rights have been violated due to the discrimination they suffered at the hands of their employer. Discrimination can fall under one of several different categories, including:
When a company wants to get rid of someone, often it starts papering the file, but you can still prove discrimination with careful investigation. No case is a slam dunk in this area of law, but I love to make reasonable inferences, and I’m looking for the best cases where there is at least some evidence of an employer treating someone differently because of a protected characteristic.
If you believe that be a motive, you are not “disgruntled,” you are aggrieved: dig in and you can often find employers playing cover up – making paper records before or after their wrongdoing, and coming up with ridiculous excuses. For me, it is pennies from heaven when I can expose that. But mind you, people get fired legally every minute of the day.
To discuss whether or not you have an employment law case concerning potential discrimination in the workplace, call my office at
212-334-7398 or send me an email to arrange a free phone consultation.