Labor Law

We handle legal matters in the areas of

  • Employment Law
  • Discrimination
  • Americans with Disabilities Act (ADA)
  • Family Medical Leave Act (FMLA)
  • Fair Labor Standards Act (FLSA)
  • Sexual Harassment
  • Wrongful Termination
  • Wage & Hour Issues

Hostile Work Environment, Overtime Violations, Discrimination, Sexual Harassment, Wrongful Termination, these are just some of the situations for which labor laws were instituted to protect the american worker. Laws like the Americans with Disabilities Act (ADA), the Employee Retirement Income Security Act (ERISA) and the Pregnancy Discrimination Act (PDA) just to name a couple, have been instituted to prevent discrimination and unfair treatment at the workplace. An attorney well versed in the complexities of modern labor law can determine whether you have an actionable grievance.

Whether you are able to legally recover your position and back pay depends on the reasons for your termination. There are no laws that tell an employer for what reasons they may terminate an employee, what the law does encompass, however, are specific reasons and conditions for which an employer may NOT terminate an employee. These are outlined in various laws and acts set forth to deter discrimination and curb favoritism due to prejudices.

An employer may not terminate an employee for reasons of:

  • Race, religion, gender, place of national origin, age, marital status or disability
  • Reporting a violation of law which presents a substantial and specific danger to public health and safety
  • Refusing to participate in illegal acts as part of your employment
  • Recreational or political acts and preferences that you take part in outside of work
  • Filing for Workers' Compensation or Disability Benefits or testifying at the Workers' Compensation Board
  • Participation in jury duty where the employer has been notified of the obligation
  • (In New York) Sexual orientation, arrest or conviction record, partnership status, or status as a victim of domestic violence, stalking and sex offenses

A termination may also be considered wrongful if:

  • Protection against discharge written into the employee's union contract and they are a member in good standing of that union
  • You were hired under terms set forth in a contract, (non union) which limits the right of your employer to terminate your services
  • You have an implied employment contract with the employer due to the contents of a distributed employee manual