What is Employment Law?

Employment law governs the relationship between employers and employees and sets clear guidelines that employers must follow when hiring, managing, and terminating employees.

In New York, employment law is in place to protect workers from discrimination and harassment as well as regulate wages, hours worked, leave rights, safety and health, and unemployment insurance.

If you suspect that your employer is not following these guidelines or that your rights have been violated in some way at work, the attorneys at Mizrahi Kroub can help. Our goal is to hold your employer accountable for violating any employment laws and get you compensation for any damages incurred by those violations.

What Would be Considered a Violation of Employment Law?

In New York, various things can be considered employment law violations. Some examples of violations include:

• Discrimination: Whether it’s discrimination based on race, national origin, sex, religion, age, disability, sexual orientation, gender identity, or other protected classes, your current or potential employer can not make decisions regarding your ability to be employed based on any of those as mentioned above.  
• Harassment: Workplace harassment includes any unwanted or unwelcome conduct relating to a protected class with the purpose or effect of unreasonably interfering with the workplace environment.
• Retaliation: If an employer retaliates against you for speaking up against discrimination, harassment, wage theft, or illegal or dangerous activity, you should reach out to an attorney immediately.
• Safety Violations: If your safety is at all violated at work, you may have been subjected to an employment law violation. As an employee, you are entitled to a safe and hazard-free work environment.
• Misclassification of Employees: This occurs when your employer treats you as an independent contractor instead of an employee. As an employee, you have certain rights, including minimum wage and overtime laws, workers’ compensation coverage, and unemployment insurance benefits. You might be entitled to make a claim if your employer does not uphold these rights.
• Failure to Accommodate Disabilities: Every workplace needs to be able to provide reasonable accommodations for individuals with disabilities. If your employer does not provide reasonable accommodations, you are within your rights to make a claim.

If your employer has exhibited any of these violations, it’s important that you reach out to an employment law attorney.

Why is it Important to Report an Employment Law Violation? 

Reporting employment law violations is important for a number of reasons, as it protects the rights and well-being of employees while holding employers accountable for their actions. The main reasons you should report an employment law violation include: 

• Protect Your Individual Rights: Reporting employment law violations is important for protecting the rights of individual employees. By reporting violations, you can bring attention to unfair treatment, discrimination, harassment, or other unlawful actions you have experienced or witnessed. 
• Promoting a Fair and Equal Workplace: Reporting violations also plays a vital role in fostering a fair and equal workplace environment. No matter how insignificant they seem, violations can perpetuate a workplace environment that accepts misconduct, discrimination, and abuse. 
• Preventing Further Harm: When you report employment law violations, you help prevent further harm to others within your workplace. If you’re a victim of workplace discrimination or sexual harassment, more than likely, you are not the first and might not be the last. You can stop the cycle of violations when you report employment law violations. 
• Holding Employers Accountable: When violations are brought to light, your employer can face legal consequences, such as fines, penalties, or litigation. While this might sound harsh, legal protections must be enforced for the future and well-being of employees of the company. 
• Enforcing Legal Protection: Employment laws are designed to provide employees with essential protections like fair pay, equal opportunities, safe working conditions, and freedom from discrimination or harassment. 
• Seeking Solutions and Compensation: Reporting employment law violations enables affected employees to seek solutions for employment law violations and recover compensation for the damages they have suffered. This can lead to the recovery of lost wages, benefits, emotional distress, or other forms of compensation. 
• Preventing Systemic Issues: Reporting violations can help uncover systemic issues within an organization or industry. It can reveal patterns of misconduct, discrimination, or unfair practices that affect multiple employees. By addressing these issues, corrective actions can be taken to eliminate systemic problems and create positive change.
• Establishing a Paper Trail: Reporting violations create a documented record of the wrongdoing, which can be crucial for future legal proceedings or investigations. It provides evidence supporting an employee's case and strengthening their position when seeking legal remedies or pursuing a resolution.
• Encouraging a Culture of Compliance: Reporting employment law violations encourages a culture of compliance within organizations. It sends a message that employees are aware of their rights, are vigilant against violations, and are committed to upholding the law. This can lead to employers adopting proactive measures to ensure compliance with employment laws, creating a healthier work environment.
• Empowering Others: By reporting employment law violations, employees serve as role models and empower others to speak up against injustice. It can inspire colleagues who may have also experienced violations to come forward, creating a collective voice and a stronger stand against unlawful practices.

Reporting employment law violations is essential for protecting individual rights, promoting a fair workplace, holding employers accountable, enforcing legal protections, seeking remedies, preventing systemic issues, establishing a paper trail, encouraging compliance, and empowering others. It is a critical step toward creating a workplace that respects and upholds the rights of all employees.

Should I Hire a New York Employment Lawyer?

If your employment rights have been violated, hiring an experienced attorney can help you file a claim and get the compensation and support you deserve. At Mizrahi Kroub, we’ll work to assess your case and inform you whether or not you have a claim against your employer.

Additionally, we’ll file the lawsuit, help recover potential legal damages, discuss legal resources, and provide you with representation during a dispute or in court.