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Queens Employment Lawyer

If something has gone wrong at work, you do not have to figure it out alone. Borrelli & Associates, P.L.L.C. is a New York employment law firm dedicated to protecting workers. Our primary purpose is the protection of workers’ rights when they face wrongful termination, harassment, unfair treatment, discrimination or other conduct that can lead to being fired, demoted or transferred. If you live or work in the borough and are looking for a Queens employment lawyer, we are here to listen and explain your options.

Employment Claims We Handle for Queens Workers

Queens workers keep New York running. They work in restaurants in Astoria, hospitals in Jamaica, warehouses in Long Island City, shops in Flushing and jobs at the airports. Employment laws protect workers in all of these settings. If you need an employment attorney in Queens, NY, our firm handles claims involving:

  • Wrongful termination: being fired for an illegal reason
  • Employment discrimination: including age, disability, pregnancy, race, religion, national origin, sexual orientation and sexual identity
  • Hostile work environment
  • Sexual harassment in the workplace
  • Wages and overtime: unpaid wages, missed overtime and off-the-clock work
  • Family Medical Leave Act (FMLA): leave and job protection problems
  • Whistleblower protection and retaliation
  • Severance agreements and separation packages
  • WARN Act: layoffs and closings without proper notice. Read how the WARN Act protects workers.

Every situation is different. The information on this page is general and is not legal advice. To learn how the law may apply to you, talk with a lawyer about your own facts.

Wrongful Termination and Discrimination in Queens Workplaces

Losing your job is stressful. Losing it for the wrong reason can feel even worse. In New York, many jobs are “at will,” which generally means an employer can end a job for many reasons. But an employer cannot fire you for an illegal reason.

Federal, New York State and New York City laws prohibit employers from firing, demoting or punishing workers because of who they are, such as their race, age, gender, disability, religion, national origin, sexual orientation or pregnancy. These laws also protect workers who complain about discrimination, report wrongdoing or take protected leave. Punishing someone for doing these things may be unlawful retaliation.

Discrimination is not always obvious. It can look like being passed over for a promotion, getting worse assignments than your coworkers, or being held to rules that others are not. Our article on proving workplace discrimination explains what kinds of information can matter, such as emails, performance reviews and how others were treated.

If you believe you were unfairly fired from your job, write down what happened while it is fresh and keep copies of any letters or messages. A wrongful termination lawyer in Queens can help you understand where you stand. If your employer offers a severance package, consider a severance agreement review before you sign. Many severance agreements include a release of claims, which means you may give up your right to sue.

Unpaid Wages and Overtime Claims

You have the right to be paid for the work you do. The New York Labor Law and the federal Fair Labor Standards Act (FLSA) both set rules for minimum wage and overtime pay. In general, many hourly workers must receive extra pay when they work more than a standard full workweek. In some areas, New York law gives workers more protection than federal law.

Wage problems can happen in any industry, but they are common in fast-paced jobs such as restaurants, construction, building services, home care, retail and delivery work. Common problems include:

  • Not being paid overtime, or getting the same flat pay no matter how many hours you work
  • Working off the clock before or after your shift
  • Being called an independent contractor when you are treated like an employee
  • Having tips taken or shared improperly
  • Illegal deductions from your paycheck
  • Late or missed paychecks

Your job title does not always decide whether you are owed overtime. Building superintendents and other workers are often unsure whether the rules apply to them. If you think you are owed unpaid overtime, keep your own record of the hours you work and save pay stubs, schedules and texts about your shifts. New York law also protects workers from retaliation for complaining about their pay. Speaking with an unpaid overtime lawyer in Queens can help you understand your rights.

Sexual Harassment and Hostile Work Environment

No one should have to feel unsafe at work. Sexual harassment can include unwanted touching, sexual comments or jokes, pressure for dates or favors, and offensive messages or images. It can come from a supervisor, a coworker or even a customer. It can happen in person, and it can happen to remote workers through email, chat or video calls.

A hostile work environment may exist when unwelcome conduct tied to a protected trait, such as sex, race, religion or disability, makes it hard to do your job. The laws and standards that apply can differ, which is one reason to talk with a lawyer about your situation.

Many people hesitate to report harassment because they fear losing their job or not being believed. The law generally prohibits employers from retaliating against workers who complain. If you are dealing with harassment, it can help to:

  • Write down each incident, including dates, times and witnesses
  • Save texts, emails and social media messages
  • Follow your employer’s complaint process, if it has one, and keep a copy of what you submit

You can also read our articles on what to do if you experience workplace sexual harassment and how to show you are working in a hostile work environment.

How to Start Your Case

Reaching out is simple. Borrelli & Associates, P.L.L.C. offers a free consultation to talk about problems at work. Call us at (516) 248-5550 to schedule yours. Se habla español. For information in Spanish, visit our Spanish-language website at www.516abogado.com.

During your consultation, you can tell us what happened in your own words and ask questions. We will listen, look at the information you share and explain in plain terms what options may be available. Part of our goal is to give you support and comfort through the eyes of the law. We will be there for you.

Before you call, it may help to gather:

  • Pay stubs, tax forms and any records of your hours
  • Your offer letter, employment contract, handbook or any severance agreement
  • Emails, texts or notes about what happened
  • Names of coworkers who saw or know about the events
  • Any termination letter or performance reviews

Do not worry if you do not have everything. Bring what you have. Time limits can apply to employment claims, so it is wise not to wait.

Standing up to an employer can feel like David against Goliath. But there is no employer or company too big or too strong to be above the law. To learn more about our firm, visit our New York employment lawyer home page.

If you work in Queens and believe your rights at work may have been violated, call (516) 248-5550 today for a free consultation.

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910 Franklin Avenue
Suite 205
Garden City, NY 11530
Tel: 516-248-5550
Fax: 516-248-6027

655 Third Avenue
Suite 1821
New York, NY 10017
Tel: 212-679-5000
Fax: 212-679-5005