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Employment Lawyers Albany, NY
At Bailey, Johnson & Peck, P.C., we handle various labor and employment law matters. Our Albany employment attorneys represent client interests before the New York State Division of Human Rights, the Equal Employment Opportunity Commission, and in federal and state courts. We have also represented both employees and employers in disciplinary hearings under collective bargaining agreements and New York State’s Civil Service Law.
FOR A CONSULTATION REGARDING EMPLOYMENT OR LABOR LAW, CALL US IN ALBANY AT 518-456-0082 OR COMPLETE OUR CONTACT FORM. WE REPRESENT CLIENTS THROUGHOUT THE CAPITAL DISTRICT OF NEW YORK STATE.
Albany Employment Lawyers for Employers and Employees
Employment law includes cases covering workplace safety, wages, discrimination, wrongful termination, and more. You should seek legal counsel to help resolve in the event of a strained relationship with your employer or employee. Albany employment attorneys will help one or both sides understand their rights and duties.
Typically employment and labor attorneys only handle one side, employee or employer, rarely both. At Bailey, Johnson & Peck, P.C., representatives are well versed in both sides of these legal topics as they are a full-service law firm.
Recognizing which type of attorney you need is vital when searching for a labor and employment lawyer.
Plaintiff Employment Attorney in Albany, NY
A plaintiff employment attorney focuses on employees or plaintiffs; these employment attorneys are also called employment discrimination attorneys, employment rights attorneys, or federal employment attorneys.
Employment Lawyer for Employers in Albany, NY
An employment lawyer for employers focuses on public sector employers or defendants; they are often referred to as management attorneys, as they advise employers of their legal options for a specific legal issue.
Having plentiful experience, success, and understanding of federal employment law, our Albany, NY law firm is proficient in representing businesses and employees, handling and settling employment disputes for both sides, so you may have a similar outcome to previously represented clients who were satisfied.
HOW OUR ALBANY EMPLOYMENT LAWYERS CAN HELP YOU
We will help you learn whether or not your rights have been violated and if further action is recommended across various practice areas.
Employment Law Outlined by Federal and State Courts
After exhausting internal means of remedy, by following the place of employment’s handbook protocols and administrative proceedings for reporting sexual harassment, workplace discrimination, and other discrimination cases, our firm can help navigate the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, Americans with Disabilities Act, the Family, and Medical Leave Act, the Equal Pay Act, the Rehabilitation Act, and New York State Human Rights Law.
Federal Employment Law and Personal Injury Civil Litigation
Within these rights provided by federal and state courts, the Albany employment lawyers at Bailey, Johnson & Peck will help you settle your employment issues, including the resolution of employment-related issues that cause harm to you physically, emotionally, or reputationally, and wrongful discharge, employment, and severance agreements.
Personal injury can include every variety of injury to a person’s body, emotions, or reputation, as contradistinguished from injury to property rights. You may be entitled to civil litigation.
Listed below is a full range of practice areas in which Albany employment lawyers have outstanding service and prior results:
TYPES OF EMPLOYMENT LAW CASES WE HANDLE
Sexual Harassment and Discrimination Claims in Albany, NY
Sexual harassment and workplace discrimination encompass unwelcome sexual advances, requests for sexual favors, or other inappropriate conduct of a sexual nature, whether physical, verbal, or visual.
Instances of sexual harassment or assault in the workplace can lead to personal injury claims. Regardless of intent or context, these are illegal acts and must be addressed. Sexual discrimination and sexual orientation discrimination can also include actions, policies, or environments that disadvantage a particular gender, sexual orientation, or gender identity.
Our Albany employment lawyers will represent clients and provide legal options in addressing these wrongful workplace practices through sexual harassment and workplace discrimination claims.
To speak with an experienced Albany sexual harassment lawyer at Bailey, Johnson, & Peck, P.C., call 518-456-0082.
Employment Contracts in Albany, NY
When an employer and employee agree to work together, an employment contract is formed regarding the employment situation, known as the Employment Contract. Employment contracts contain terms and provisions over the relationship, specifying benefits such as PTO or insurance. It will also outline the terms for termination and how much notice each party must give if they want to terminate the contract.
This employment contract is legally binding when the following conditions are met:
- It is offered and accepted by both parties.
- There is consideration or exchange of something considered of equal value.
- It is legally enforceable.
- Both parties must be at the age of consent and
- Both parties must be of legal age and mentally competent.
Our Albany employment contract lawyer team has extensive experience drafting and negoting employment agreements in New York.
Employment and Severance Agreements in Albany, NY
Our Albany employment lawyers have extensive experience securing favorable C-level severance packages for executives, ensuring they receive fair compensation and benefits upon termination.
Our experienced employment and labor attorneys also provide expert guidance on non-compete agreements, non-solicitation agreements, and restrictive covenants, including non-disclosure agreements, tailored to meet the unique needs of businesses and employees in New York.
WHAT DOES A LABOR LAWYER DO?
The Albany employment and labor law attorneys at Bailey, Johnson & Peck, P.C. handle all facets of lawsuits brought under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, Americans with Disabilities Act, the Family and Medical Leave Act, the Equal Pay Act, the Rehabilitation Act, and New York State Human Rights Law. We are familiar with the legal issues and rights afforded by these (often overlapping) state and federal statutes and the varying time limitations outlined in each.
Our labor law attorneys also provide legal counsel and representation in matters involving the following:
Collective Bargaining Agreements
Collective Bargaining Agreements (CBA) are written legal contracts between employers and labor unions that represent employees. They negotiate wages, hours, and terms and conditions of employment.
A CBA has three categories of subjects:
- Mandatory: required by law by the National Labor Relations Board (NLRB). Wages, bonuses, grievance procedures, safety, overtime, seniority, layoffs, etc.
- Voluntary or Permissive: these are not necessary but may be negotiated for topics such as internal union issues and those composing the board of directors.
- Illegal subjects: anything violating the law, such as discrimination or only hiring members of labor unions (closed shops).
Grievances and Arbitration
The grievance procedure is intended to present and then resolve workplace disputes. But, if it does not find a resolution, arbitration can be the next step. Arbitration is when parties with differing interests submit their disputes to an impartial and unbiased arbitrator.
This private process is independent of the federal government or judicial system. The resolution and agreement to accept the arbitrator’s decision are both final and binding. Arbitration is equally broad, generally, for private sector employees provided through each union’s collective bargaining agreement. It requires the employee to gain their union’s permission to pursue.
Disciplinary Hearings Under Section 75 of New York State Civil Service Law
Section 75 of the New York State Department Civil Service Law offers disciplinary protections for specific classes of public employees, excluding those in Unclassified service. Classified service comprises exempt, non-competitive, labor, and competitive classifications. Employees covered under Section 75, including those in the Competitive class, are entitled to evidentiary hearings upon allegations, with the employer covering the full costs of the hearing officer.
During the hearing, employees present evidence and testimony, leading to a determination of guilt or innocence and subsequent penalties. The appointed authority individuals hold the final decision-making power, not bound by the hearing officer’s recommendation. Employees have the right to legal representation, witness testimony, and cross-examination.
The burden of proof rests with the accusing employer, requiring “proof by a preponderance of evidence” rather than the criminal justice system’s “proof beyond a reasonable doubt.” This standard necessitates evidence supporting the conduct charged, leading a reasonable person to believe the accused is guilty.
Benefits under New York State General Municipal Law Section 207-C
Section §207-c(1) of the General Municipal Law mandates payment of full regular salary or wages to employees injured while on duty until the disability ends. The municipality determines eligibility based on a causal connection between the injury and duty-related incident, even in cases of partial disability or when pre-existing conditions are involved, as long as the work accident substantially contributes to the disability.
Employment Mediation
Mediation involves disputing parties discussing their disagreement with a neutral third party to reach a settlement, either informally or in a scheduled conference. This method is suitable for various disputes, including those in commercial transactions, personal injury, construction, divorce, employment, and more, without complex procedural or evidentiary issues. Participation in mediation is voluntary for the parties unless required by statute or contract.
EMPLOYMENT LAW FAQs
What Type of Lawyer Do I Need for Work Related Issues in New York?
If you are facing work-related issues, you need an employment lawyer. Employment lawyers specialize in laws concerning the workplace, including disputes, contracts, and rights.
When Does an Employee Need an Employment Lawyer in New York?
An employee needs an employment law attorney when facing workplace disputes such as discrimination, wrongful termination, or issues regarding contracts and wages. It’s crucial when navigating complex employment laws and protecting your rights.
How Much Does an Employment Lawyer Cost in New York?
The cost of an employment lawyer can vary widely based on the case complexity, the lawyer’s experience, and the billing method (hourly rate, contingency fee, or flat fee).
What Does an Employment Lawyer Do?
An employment lawyer represents and advises both employers and employees in disputes, contract negotiations, and compliance with labor laws. They handle cases involving discrimination, harassment, wage issues, and wrongful termination, among others.
What Constitutes Wrongful Termination in New York?
NY Wrongful termination occurs when termination is unlawful. This is when termination has breached an existing employee agreement, oral or written, or violated a law that protects NY employees.
What Happens at a Workers' Comp Hearing?
During a workers’ comp hearing, it’s essential to exercise caution in what you disclose. Avoid agreeing to be recorded, discussing irrelevant topics like family or finances, engaging in casual conversation with adjusters, and signing settlements without an employment attorney, as these actions could compromise your claim or civil rights.
How are Workers Comp Settlements Calculated?
The formula for your worker’s compensation settlement claim depends on your medical condition, your earnings before the injury, and how the state workers comp laws apply to your specific claim. Typically, four primary factors will be crucial in your case: Permanent Impairment, Impairment Rating, Permanent Impairment Benefit, and Bodily Impairment Rating.
How Long Do Workers Comp Settlements Take?
Workers comp settlements take anywhere from 6 to 8 weeks from the start of settlement discussions to receive your check. Checks are sent through US mail, arriving after 7-10 days.
How Long Does Workers Comp Last in New York?
According to the New York State Department Workers’ Compensation Board, the time for someone to stay on workers comp ranges from 225 to 525 weeks. The number of weeks and amount of money collected for the work-related disability each week can vary depending on your own specific circumstances.
When Can You Sue for Wrongful Termination in New York?
You can sue for wrongful termination in New York once you determine your claim is valid and worth pursuing. An employment law attorney in Albany, NY can help you review your case. From there, you or your lawyer will need to submit your claim to the EEOC New York District Office before the statute of limitations ends.
How Much Can You Get for Wrongful Termination in New York?
The amount clients can receive for wrongful termination claims in New York depends on the case specifics. Between $6,000 and $80,000 is the average settlement for these claims in New York.
Lawyers are very beneficial during negotiations to reach a larger amount for settlement.
How Much Does Workers Comp Pay in New York?
According to the New York State Workers’ Compensation Board, the calculation for workers’ comp benefits is 2/3 x average weekly wage x % of disability = weekly benefit. So, if your average weekly wage was $500 and you became partially disabled (50%), you would receive $166.67 a week. If you were fully disabled (100%), then you would receive $333.34 each week.
What Are the Labor Laws in New York State?
New York State enforces its own minimum wage laws, which differ from federal employment law and vary based on geographic location and employer size. Additionally, New York mandates that new employees receive wage rate notices in both English and their primary language, along with compliant wage statements, and imposes unique regulations on payment frequency, employee expenses, minor employment, and deductions not covered by federal courts.
Labor and Employment Attorney Albany, NY
To discuss your employment and labor law concerns with our experienced Albany employment lawyers, call us at 518-456-0082 or complete our contact form.
We represent clients in Albany, Schenectady, Troy, and the surrounding areas of New York State.
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Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.
We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.
