Best Employment Lawyers in Albany, NY

FAQs

• What is the non-emergency contact number for the local police station in Albany, New York?

  518-438-4000 is the non-emergency contact number of the Albany police station.

• Where can I get a copy of police reports for incidents related to my case in Albany, New York?

  Involved individuals may email Albany Police Department at apdreportrequest@albanyny.gov to request incident reports.

• How can employment lawyers help a private sector company in Albany?

  In Albany, a private sector company has fewer legal barriers that can result in employment disputes. Thus, employment lawyers can protect their rights in arbitration, litigation, and mediation proceedings when they face wage and hour complaints, allegations of discrimination, and sexual harassment lawsuits. They can also help them prepare contract provisions and draft employee policies, agreements, handbooks, and non-compete clauses.

• How much is the worth of a wrongful termination claim in Albany?

  During negotiations, the average settlement of a wrongful termination case in Albany is between $6,000 and $80,000, whereas the average jury award is between $110,000 and $400,000, although this case rarely goes to trial. These amounts are based on various factors, including medical expenses, termination reasons, lost earnings and benefits, the cost of finding a new job, and mental suffering. Albany employees who are victims of atrocious behavior from their employers are also eligible for punitive damages.

• How does signing a non-compete agreement negatively affect Albany employees?

  Signing a non-compete agreement may limit an Albany employee's ability to work in their area if they change jobs. This contract can specify their right to negotiate a raise or pursue a career from a more competitive company within their location. There are also situations where an employee in Albany cannot start their own business, apply to new jobs, and have to move to a different city just by signing a non-compete clause.

• What are the different types of sexual harassment in an Albany workplace?

  One type of sexual harassment in an Albany workplace is a hostile work environment, which is persistent and unwelcome sexual behaviors that produce offensive and abusive working surroundings. These conducts may come in several forms, like overtly sexual jokes or comments, unwanted sexual touching, inappropriate emails, and ill-suited materials posted on bulletin boards. Quid pro quo, another type of sexual behavior, is a sexual favor in exchange for keeping their job or a promotion and salary increase.

• What are the penalties for violating the Genetic Information Nondiscrimination Act of 2008 in Albany?

  In Albany, employers who face discrimination based on genetic information lawsuits must pay a minimum of $300,000 per incident when noncompliance is intentional. On the other hand, if the act is unintentional, they need to pay $2500 to $500,000. The Genetic Information Nondiscrimination Act of 2008 Title II sections 201–213, the Equal Employment Opportunity Commission of 1995, and the Americans with Disabilities Act of 1990 protect Albany employees from genetic information discrimination against their employers or labor unions.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.