Best Employment Lawyers in Schenectady

FAQs

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

  The non-emergency contact number for the Schenectady Police Department is (518) 630-0911.

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

  You can get a copy of police reports for incidents related to your case in Schenectady at the Schenectady Police Department. You can request it in person by showing a legal photo ID matching the named party in the report. The police department is located at 531 Liberty Street. Kindly make your request between 8 a.m. and 4 p.m., from Monday to Friday. The department can produce a copy of the police report within three to five days.

• How will you know if your employer in Schenectady is violating your Family and Medical Leave Act rights?

  There are several signs you can tell if an employer in Schenectady is violating employees’ rights under the Family and Medical Leave Act. First is if your employer denies your FMLA leave without valid reasons. Your employer should grant your FMLA leave request, given that you are eligible and have provided the required documents. If you face retaliation or negative consequences after requesting or taking FMLA leave, your rights are being violated. Also, if your employer refuses to restore your job position after taking your FMLA leave, he/she is clearly violating your rights.

• Is everyone in Schenectady covered under the FMLA?

  There are exceptions when it comes to FMLA coverage in Schenectady. To be eligible for FMLA, your employer must have 50 or more employees within 75 miles of the place of employment or be a public agency. Another requirement is that you should have worked for at least 1,250 hours for the employer within the last 12 months and have worked for the employer for at least 12 months. Smaller employers, as well as newer employees and many part-time employees, are not covered.

• When is bullying considered workplace harassment in Schenectady?

  There is no direct federal law against workplace bullying. However, if the bullying you receive in your Schenectady workplace relates to race, religion, sex, age, national origin, or disability, then the treatment rises to the level of workplace harassment. If the bullying results in difficulties doing the job and the management turns a blind eye, this can be grounds to support a discrimination claim under federal law.

• Can an employer in Schenectady refuse an applicant based on a criminal conviction?

  Under the New York State Human Rights Law and Article 23-A of the New York State Correction Law, an employer is not allowed to deny employment to a person just because he/she has been convicted of one or more criminal offenses. Employers cannot also consider resolved arrest records, certain sealed records, or youthful offender adjudications when making employment decisions. This law was created to provide formerly convicted individuals with second chances and minimize the possibility of reoffending.

• Are there any exceptions to accepting applicants with previous criminal convictions in Schenectady?

  While employers in Schenectady cannot deny applicants the chance to be hired just because of criminal convictions, there are still exceptions to this prohibition. Employers may deny employment based on a criminal conviction record if there is a direct relationship between one or more of the previous criminal offenses and the specific employment being applied for. Also, employment may be denied if there is an unreasonable risk to the property or the safety or welfare of specific individuals or the general public.

• 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.