Labor and Employment Discrimination Lawyers Serving Albany, Saratoga, Glens Falls and Beyond
D'Orazio Peterson provides representation in many areas of Employment Law. Our clients often come to us looking for answers, having just been the victim of workplace discrimination, retaliation or termination. We understand the emotions that are involved, and try to walk the client or prospective client through the process.
Frequently Asked Questions in Labor and Employment Matters
Q: I believe I was wrongfully terminated, what can I do?
A: New York does not, generally, recognize a claim for "wrongful termination," however if you were terminated or otherwise subjected to an unfair or unequal work environment you should contact an attorney.
Q: How long do I have to file a claim if I believe I was the victim of workplace discrimination?
A: It varies. However, many claims for employment discrimination require the filing of an Administrative claim with the New York State Division of Human Rights and/or United States Equal Employment Opportunity Commission (EEOC). These agencies have shorter timelines, so it is important to consult with a discrimination lawyer right away.
Q: I have heard the term "At-Will" used by an employer. What does that mean?
A: New York is an "at-will" employment state, which means that, generally, an employer can terminate an employee's employment for any reason, or no reason, just as an employee can quit for any or no reason. An employer cannot, however, terminate or otherwise treat an employee differently because of their age, race, gender, disability, national origin, religion or other status as a member of a "protected class."
Q: I am an employer, and I was just served with a document from the Department of Labor concerning an investigation. What should I do?
A: Department of Labor, Division of Workers Compensation or other agencies of the State or Federal Government generally have authority to conduct inspections of records, or "books" of an employer. If you are served with a notice for inspection it is crucial to contact an attorney as soon as possible, as the timelines for contesting such notices, or findings, are often very short.