We represent employees who have been treated unfairly.
We offer the following services to employees:
Here are some of the types of cases that we regularly handle:
It is illegal for your employer to take any adverse actions (termination, demotion, reduction of pay, denial of overtime, etc.) against you on account of your age, race, national origin, sex, pregnancy, sexual orientation, disability,marital and familial status and prior convictions (among other attributes).
Discrimination in employment is often difficult to prove, as employers are rarely forthcoming about their biases. For this reason, courts consider circumstantial as well as overt evidence of discrimination.
Further, in New York most employees are considered “at-will” employees. That means that any employee can be terminated any time for any reason, or no reason at all. It is the employee’s burden to prove that he or she was terminated for an unlawful reason (that is, discrimination based on protected status).
If you have been treated differently based on your race, age, disability, sex/pregnancy, sexual orientation or other immutable characteristic Contact NicotraLaw for a Free Consultation.
Harassment on the basis of your sex, age, race, disability or sexual orientation is illegal. To be actionable in state and federal court, the harassment must be severe or pervasive and must be related to your protected characteristic (sex, age, race, etc.). Thus, harassment based on race, generally includes derogatory comments or racial epithets and reliance on impermissible racial stereotypes.
Harassment based on sex comes in two forms. The first is a workplace permeated with sexual innuendo, inappropriate sexual comments and unwelcome advances. The second form is called quid pro quo harassment. Here your boss conditions work benefits on your acceptance of his advances.
If your work environment is permeated with hostility based on your sex, race, age or disability or if you have been subjected to unwelcome sexual advances Contact NicotraLaw for a Free Consultation!
Your employer cannot retaliate against you based on a “protected” complaint. Complaints (your own and those made on behalf of others) about discrimination, retaliation, violations of wage and hour laws and unsafe/hazardous working conditions (among others), or complaints made in concert with others related to working conditions are protected.
In order to establish a claim for retaliation you must prove that your employer knew of your complaint and that they took an adverse action against you because of your complaint.
If you have suffered adverse consequences following a complaint of discrimination, harassment, unpaid compensation or unsafe work conditions Contact NicotraLaw for a Free Consultation!
WAGE, HOUR, and LEAVE VIOLATIONS.
You are entitled to compensation for all of your hours worked as well as overtime pay and a premium payment for days when your working hours span more than ten hours (unless you are exempt). In addition, if you are tipped employee, your employer cannot retain any of your tips.
There is also a myriad of state and federal wage laws that require your employer to provide you with written notice of your rate of pay, overtime rate, and allowances/deductions taken from your wages.
If you believe that your employer has unlawfully denied you wages (straight or overtime) contact us for a consultation. Our office is also experienced in collective/class wage and hour actions.
If your employer has failed to pay you your hourly rate, overtime, or has retained any portion of your gratuities Contact NicotraLaw for a Free Consultation!
Ms. Nicotra has extensive experience negotiating separation/severance agreements on behalf of employees. In many we work with employees behind the scenes, reviewing their agreements and providing them with guidance so that they can better advocate on their own behalf.
In other cases, we negotiate the terms of an agreement with the employer on the employee's behalf to see if a mutually agreeable separation is possible.
If you looking for help negotiating a separation from your employment or have been provided with a severance agreement or release that you would like reviewed Contact NicotraLaw for a Free Consultation!