The contemporary workplace is governed by ever-changing federal, state, and local laws. When workplace disputes rise to the level of litigation, it is crucial to have an aggressive employment lawyer at your side.
At Woods Lonergan PLLC, our trial lawyers have extensive experience prosecuting and defending employment litigation in New York state and federal courts. While many employment-related disputes can and should be resolved through settlement negotiations, we prepare each case for trial to achieve positive results at the bargaining table.
When litigation becomes necessary, we provide our clients with powerful courtroom representation. Above all, we are committed to helping employers and employees resolve disputes and create positive work environments. To best serve your needs, we offer complimentary consultations on all employment matters. Contact our office today to get started.
We Handle a Variety of Employment Litigation Cases
Our firm has extensive experience representing employers and employees in employment and labor litigation involving numerous types of claims.
Wage and Hour Claims
Our attorneys are well-versed in the applicable wage and hour laws, including the Fair Labor Standards Act (FLSA) and the New York Labor Law. We have a proven track record of helping our clients successfully resolve a wide range of wage and hour disputes, including:
- Minimum wage violations;
- Overtime pay violations;
- Misclassification of exempt and nonexempt employees;
- Misclassification of independent contractors;
- Unpaid Commissions.
Above all, we leverage our skills and experience to achieve positive outcomes in wage and hour claims through negotiation or litigation.
Employment Litigation: Wrongful Termination
New York is an at-will state for employment purposes, meaning that employees can be fired for any reason, at any time, or for no reason at all. However, employers cannot terminate employees in violation of the law. Wrongful termination includes:
- Retaliation – Employees cannot be terminated for pursuing a workers’ compensation claim or engaging in a legally protected activity, such as complaining about wages, or dangerous work conditions, or for cooperating in a related complaint or legal proceeding.
- Public Policy – Employers cannot terminate employees in violation of a public policy related to exercising a legal right, for refusing to break the law, or for reporting illegal activity (whistleblowing).
- Breach of Contract – Employees cannot be terminated if they are working under an employment contract that includes provisions specifying the grounds for termination or making promises of job security.
Employment Contracts
At times, employees, particularly executives, managers, and salespeople, enter into contracts with employers that establish the terms and conditions of employment such as:
- Duties and responsibilities of the employee;
- Compensation/commissions/bonuses;
- Employee benefits;
- Paid time off;
- Term of employment;
- Grounds for termination;
- Severance.
Additionally, many employment contracts contain a confidentiality provision that is designed to keep a company’s trade secrets, client lists, and other confidential information private. In some cases, an employee may be required to sign a separate non-disclosure agreement (NDA). Our employment litigation attorneys regularly handle both sides of breach of employment contract claims and negotiation of employment agreements.
Employment Litigation: Non-Compete Agreements
Today, many businesses require employees to sign a non-compete agreement as a condition of employment. Generally, the employee agrees not to take a position with a client or competitor for a certain amount of time, within a certain geographic area, after his or her employment ends. The employee may also agree not to start a business that will compete with the employer or attract the employer’s clients or customers for a similar timeframe and within a specified geographic area.
For a non-compete to be legally binding it must:
- Be reasonable regarding the time period and geographical area covered,
- Protect the employer’s legitimate business interests, and
- Provide the employee with consideration or a benefit for complying.
Whether you need assistance enforcing a non-compete or getting out of an overly restrictive o, you need the aggressive representation that our firm provides.
Severance Agreements
When an employee is terminated, many employers require that the employee sign a severance agreement. The agreement typically includes a general release that prevents the terminated employee from filing a lawsuit against the employer in exchange for receiving severance pay.
Disputes arising from severance agreements often go hand-in-hand with wrongful termination claims, which makes working with an experienced New York employment litigation attorney critical.
Workers’ Compensation and Retaliation
Employees who sustain work-related injuries have a right to seek workers’ compensation benefits, and it is unlawful for employers to retaliate against employees for seeking those benefits. Retaliation may involve:
- A reduction of hours or pay;
- Demotion;
- Denial of benefits;
- Suspension; or
- Termination.
Our attorneys represent clients in both worker’s compensation claims and cases of employment retaliation.
Contact Our New York City Employment Litigation Attorneys
Woods Lonergan PLLC works to resolve employment-related disputes expediently and professionally. We work with employers proactively to create and review employment policies in order to mitigate the risk of litigation; we also defend them in court when necessary.
Our attorneys also represent employees in all types of claims and work to reach fair and reasonable resolutions to their employment issues, enabling them to start fresh in their subsequent roles. Regardless of the type of employment dispute you are facing, trust our employment litigation attorneys to protect your interests. Contact us today for a complimentary consultation.
Woods Lonergan PLLC helps clients with employment litigation throughout NYC including the boroughs of Manhattan and Brooklyn.