Employment Lawyer in Rochester, NY
Experienced Rochester Employment Attorney Protecting The Rights of Workers in New York State
You have certain rights as an employee in the state of New York. Your employer should respect those rights, but if he or she doesn’t, an employment lawyer can help.
Rochester employment lawyer Michelle Cimino has dealt with countless cases where an employer has infringed on an employee’s rights, and she can help you, too.
If you believe your employer has broken the law, contact us for a free consultation. No one is above the law, and our firm will fight for your rights.
Wage and Hour Claims
New York’s Minimum Wage Act states that all non-tipped employees must receive at least $11.10 an hour. The minimum wage will increase each year until reaching $15 an hour ($10 an hour for tipped workers).
Unfortunately, not all businesses have adjusted their wages accordingly. Far too many employees are not receiving the state-mandated minimum wage, and others are not getting paid overtime, even though they log more than 40 hours a week. It is difficult enough to support yourself on minimum wage. It becomes close to impossible if you are not being paid what your employer legally owes you.
The problem becomes even worse when employers make illegal deductions. For example, some employers deduct payment over broken items at work. This is illegal, and you can fight back.
If your employer is not paying the minimum wage, failing to compensate overtime work, or withholding some or all of your pay, you can make a claim. With our help, you can receive your unpaid wages. This will put you in a much better financial situation as you plan for your future.
Federal and state laws have created protected classes in the United States. You cannot be discriminated against based on:
- National origin
- Marital status
- Familial status
- Gender identity
- Sexual orientation
- Military status
- Political affiliation
- Genetic characteristics
- Criminal convictions, in most cases
While it is the law of the land to treat each person fairly, employers do not always comply. Employers might refuse to hire someone of a specific religion or fire someone after she becomes pregnant. These are just two of the many examples of employment discrimination in this state.
We take employment discrimination cases very seriously. Every person should have the right to work in New York and the rest of the country. If you’ve been denied your rights, our employment lawyer will be your advocate.
You have certain protections in place that allow you to report crimes without fear of retaliation. These crimes include sexual harassment and illegal activity. You can also participate in a lawsuit against your employer based on the crimes. If an employer retaliates against you after you engage in a protected activity, that employer has committed a crime and needs to be held accountable.
You might be a victim of retaliation if you have engaged in a protected activity and been fired or demoted afterward. Retaliation can also be in the form of a reassignment, suspension, removal of privileges, or reduction of work hours.
Far too often, employees think they cannot fight back against workplace retaliation. However, our employment lawyer has spent years fighting for the rights of employees. With our help, you can sue for damages. You might be entitled to compensation as well as reinstatement at your place of employment.
Our employment lawyer also regularly handles sexual harassment cases. These cases come in one of two forms. Quid pro quo sexual harassment loosely means “this for that.” Essentially, the harassed party is expected to accept the harassment in exchange for continuing employment, getting a raise, or something else. Victims feel as if they have to comply, or they will be retaliated against in some way.
The other form is a hostile work environment. The harasser does not put conditions on accepting the harassment but creates a hostile work environment. This makes it difficult to go to work every day. Many people end up quitting, so they don’t have to work in a hostile environment.
If you have been a victim of sexual harassment, you might be eligible for damages such as past and future lost wages and emotional distress. The court can even award you damages for your attorney’s fees. Along with getting damages, filing a claim is a way to hold the perpetrator accountable for his or her actions. When you take a stand against sexual harassment, you show others that this behavior is not tolerated. You aren’t just standing up for yourself. You are standing up for others in your position.
Employers and employees typically enter into an “at-will” relationship. That means the employee can quit, or the employer can fire the person at will, without providing justification. However, this is not always the case. Employers occasionally wrongfully terminate their employees. If you have been the victim of wrongful termination, you can file suit.
Examples of wrongful termination include firing someone due to discrimination or as a means to retaliate for a whistleblower claim. Employers also cannot fire an employee without reason when a contract is in place, stating that employees cannot be fired without just cause.
These cases can be complicated. You might not know if you have a wrongful termination case. Call us for a free consultation with our employment lawyer to find out if you have a case.
Non-compete and Confidentiality Agreements
Many employers ask their employees to sign non-compete and confidentiality agreements. Many people sign on the dotted line without understanding their rights or what the agreements entail. If you have to sign such an agreement, it’s wise to have an employment lawyer look over it first. Failing to do so could cause you to give up your rights as an employee. With a free consultation, we make it easy to find out how to move forward. After you get legal advice from our employment lawyer, you will have confidence in your decision.
Experienced Rochester Employment Lawyer on Your Side
The Cimino Law Firm has more than two decades of experience fighting for employee rights in New York. Our employment lawyer has dealt with a variety of situations, including wrongful termination, discrimination, wage and hour claims, and retaliation. While each case is unique, one thing remains the same. Employers must follow the law, and when they don’t, they need to be brought to justice.
When you choose The Cimino Law Firm, you get more than experience, although that is a top reason to choose us. We also make the process as easy for you as possible.
We understand that many people dealing with employment law cases are concerned about upfront costs. No one wants to pay to find out if they have a good case. Our firm offers free consultations for all of our clients. This initial consultation takes place over the phone, so you don’t even have to come in.
We also make the process easy by offering two convenient locations for our clients. You can visit us at our Webster office or our Rochester office. You will speak with an employment lawyer regardless of the office you choose.
So much of your identity is created by your job. If you have an employment law issue, you are burdened with stress and confused about what the future will bring. We understand your concerns and the emotions you feel. Let us help you move through this and get the desired outcome.
Contact experienced Rochester employment lawyer Michelle Cimino for a free phone consultation today. All calls are confidential.
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