We handle a wide range of employment issues and disputes that arise in the workplace and upon termination. These include:
- Advising and representing employees, including executives and professionals, as well as partners and consultants, concerning current workplace conflicts and disputes
- Advising and representing clients in the negotiation of employment contracts
- Advising and representing clients in the negotiation of severance and buy-out agreements
- Advising and representing clients in the negotiation of partnership and LLC agreements
- Advising and representing clients in the negotiation of independent contractor and consulting agreements
- Filing and handling proceedings before administrative agencies, such as the Equal Employment Opportunity Commission (EEOC), the United States Department of Labor, the New York State Division of Human Rights and the New York City Commission on Human Rights
- The negotiation, arbitration, litigation and mediation of employment disputes concerning:
- Discrimination: Our civil rights practice includes claims based on race, sex, national origin, age, disability, religion, marital status, pregnancy, sexual orientation, transgender status, gender identity and other protected classes, under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendment Act (ADAAA), (including claims for reasonable accommodations), the New York City Human Rights Law and the New York State Human Rights Law, the Genetic Information Nondiscrimination Act (GINA), the Violence against Women Act, 42 U.S.C. Sec. 1981 and 1983, the Older Workers Benefit Protection Act, the Uniformed Services Employment and Reemployment Rights Act (USERRA)
- “Glass ceiling” and promotion cases
- Family responsibilities / caregiver discrimination
- Sexual, racial, and other forms of unlawful harassment/hostile work environments
- Retaliation claims under federal, state and New York City anti-discrimination statutes
- Whistleblowing claims under the:
- Sarbanes-Oxley Act
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- Qui Tam (False Claims) Acts (federal, New York State, New York City)
- American Recovery and Reinvestment Act
- Employee Retirement Income Security Act (ERISA), Sec. 510
- New York State Whistleblower Laws (Labor Law Sections 740 and 741)
- Family and Medical Leave Act
- Breach of contract
- Executive compensation, including claims for equity (stock, restricted stock, stock options, and “top hat” plans), bonuses, unpaid salary and commissions, under common (court-made) contract law, the New York Labor Law, ERISA and breach of the duty of good faith and fair dealing
- Employee benefits under the Employee Retirement Income Security Act (ERISA), including claims arising under pension and 401(k) plans, employer-sponsored health insurance plans, early retirement and retiree health benefit plans, and COBRA (the Comprehensive Omnibus Budget Reconciliation Act).
- Non-compete and non-solicitation agreements
- Confidentiality and proprietary information and trade secret provisions
- Change of control agreements
- Claims related to employee privacy and electronic communications
- Unpaid wages and commissions under the New York Labor Law
- Denial of disability insurance benefits from private policies
- Serving as neutral mediators
- Conducting impartial investigations of internal complaints of unlawful or offensive conduct on behalf of employers
- Providing interactive employer-sponsored training to prevent harassment and discrimination in the workplace
- Advising not-for-profits and small employers on employment-related issues and representing them in negotiations of contracts and severance agreements.