Best Employment Lawyers in New Rochelle

FAQs

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

  The New Rochelle Police Department can be reached at (914) 654-2300.

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

  To obtain a police report from the New Rochelle Police Department, call their Records Unit at (914) 654-2235 to receive further instructions.

• What makes an employee in New Rochelle eligible for the Family and Medical Leave Act?

  An employee working in New Rochelle becomes eligible for the FMLA once they've reached 12 months in the workplace and has worked a total of 1,250 hours at least. They must also be working at a location that has at least 50 employees within a 75-mile radius. Any eligible employee becomes entitled to a 12-week, job-protected unpaid leave in a 12-month period for reasons such as the birth of a child and to care for a sick family member.

• Do you always need an attorney in New Rochelle to look at your severance package agreement?

  It would be in your best interest to have an attorney check your severance package agreement in New Rochelle to make sure that you are not being tricked into signing something that will cost you in the long run. Some employers are only looking after themselves and may hide some provisions in the agreement from you. Their use of clever wording could prevent you from filing a lawsuit against them or receiving certain wages and benefits you are entitled to.

• What does it mean to be a misclassified employee in New Rochelle?

  To be misclassified means that your employer, whether deliberately or not, put you down as a contractual or exempt employee. This means they can get away with not paying for your health insurance and overtime, and they may opt not to provide you with retirement and other benefits. It is important to consult a New Rochelle attorney for something like this, not only so you could receive what is rightfully yours but also to put a stop to this illegal activity.

• How long do you have to file a lawsuit in New Rochelle for workplace discrimination?

  If you've experienced workplace discrimination in New Rochelle, you have three years to take the necessary legal steps from the date of the last act of discrimination to bring the case to the New York Division of Human Rights. You can also file discrimination claims with the Equal Employment Opportunity Commission within 300 days, pursuant to the federal law that provides protection under the Title VII of the Civil Rights Act, Age Discrimination in Employment Act, and Americans with Disabilities Act.

• Are there any benefits a pregnant woman in New Rochelle can get?

  Yes. Pregnancy is a medical condition that can make employees temporarily unable to fulfill their jobs. Considering this, employers are mandated to provide pregnant employees with partial wage and income replacement for a total of 26 weeks, which is worth about 50% of their weekly wages before going on disability. However, there is a $170 weekly cap for this financial support.

• 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.