We’ve heard reports from employees over time that they are in a workplace and their co-workers are constantly making comments to them that are derogatory to their national origin, their race, religion, their color, etc and the question always is what can I do about it?
As experienced New York Civil Rights Attorneys, we often have clients who want to develop a particular piece of property in a particular way. They’ve made a purchase of unimproved property and they want to build on the property. There are times, many times, in fact, where the municipality involved makes it extremely difficult to develop the parcel. There may be environmental issues, there may be planning issues, architecture review board issues and the like.
People come to my office as a Westchester County Employment Lawyer and tell me that they are being harassed on the job by a fellow employee. The question then becomes, "can I take action against the employer" and "can I also take action against the employee"? We ask a series of questions when someone reports this to us including who is the employee, is this employee at a higher level in the company or is this person just in the next cubicle from you? We also ask how many employees your employer has. Because in state law an employer can't be sued with four or more employees, under federal law we need fifteen employees.
Many times as a dedicated White Plains Employment Attorney, I will be asked what the importance of title 7 in a discrimination case. Title 7 is actually a short name for a federal statute which is found at 42 USE section 2000 A, and it is broadly a federal anti-discrimination law. It forbids discrimination of employment based on race, gender, national origin, religion and color, etc., people hear the phrase Title Seven and it covers a multitude of things. It applies in the employment arena to employers with 15 or more employees, therefore if an employer has fewer than 15 or more employees that statute is not applicable.
As experienced Westchester County Civil Rights Lawyers, we often have cases where local government agencies and departments will hire outside companies on a contract basis to provide certain services and sometimes there ends up being a situation where the governmental entities determine that you’re not in compliance with certain either industry rules or regulations, maybe the government’s individual rules and regulations or some overseeing body say on the state or federal level. Typically, the contract will provide some type of notice to the company that they’re in breach of these rules and regulations. However, that’s not always the case.
Often times as a New York Employment Attorney, I will receive calls from clients who are receiving a poor performance review or are starting a new position and they have been evaluated on a periodic basis which they have received positive feedback but then at the conclusion of the year they are receiving a review that’s negative or at least partially negative. The problem is that the employee and the supervisor have failed to communicate on the requirements of what is expected from the employee on the job. Sometimes it can be the result of other actions as well, often times the supervisors will come in and they will want to replace current employees with employees of their own choosing, and sometimes it results from bias or discrimination in the work place. We need to determine whether you should send a rebuttal into a performance review or whether there is some action that you can take by following company policies. These are the things that need to be examined and looked at and what needs to happen is you have to have a frank discussion with us about what’s been going on with the job, how your performing, whether you agree or disagree in whole or in part with the comments that have been made in the performance review and then what can happen going forward in terms of the next step.
As an experienced Putnam County Employment Lawyer, I always tell my clients that the best course is to resolve a case. The reason is because the risk of going forward is too great. That risk can be evaluated at any stage of the claim. Sometimes that risk is evaluated early on before a claim actually makes it to court, such as, for example, if an attorney sends a letter on behalf of a client demanding some type of a settlement or saying that in the event that a settlement doesn’t occur they will sue in court. Sometimes that resolution can occur after an in-court filing, sometimes it occurs close to a trial date, and sometimes it occurs even after a trial date say when a case is pending on appeal.