Best Hiring & Firing Lawyers in Garden City

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Phillips Lytle LLP

Phillips Lytle LLP

Garden City, United States

Founded in 1834
343 people in their team
At Phillips Lytle, we know only one approach to client service. It’s practiced by every one of our attorneys in each of our eight offices. It’s...
English

About Hiring & Firing Law in Garden City, United States

The area of Hiring & Firing Law, also referred to as Employment Law, in Garden City, United States, focuses on the rights, obligations, and responsibilities within an employer-employee relationship. It includes all aspects of employment, from job applications, contracts, safe working conditions, to termination of employment. These laws are mainly regulated by federal and state legislation, and in some instances, local laws may also apply.

Why You May Need a Lawyer

A lawyer who specializes in Hiring & Firing Law can assist you with various situations, most notably, contract negotiation, wrongful dismissal claims, workplace harassment, discrimination issues, and breaches of employer duties. It's also crucial to seek legal advice before terminating an employee to ensure that such an action is done legally and will not give rise to wrongful termination claims.

Local Laws Overview

Garden City, like all parts of the United States, is subject to federal employment laws, state laws of New York, and local town ordinances. These laws cover aspects such as minimum wage, overtime, discrimination, leave policies, and workplace safety. For example, New York State law provides broader discrimination protections than federal law. Also, Garden City employers must be aware of the New York State Paid Family Leave Act, an important law that goes beyond the federal Family and Medical Leave Act.

Frequently Asked Questions

1. Can I sue for wrongful termination?

Yes, you can sue for wrongful termination if you believe you have been fired based on discrimination or retaliation, or if your employer violated your employment contract.

2. Can I be fired without a reason in Garden City?

Generally, New York is an 'at-will' employment state, which means either the employer or employee can end the employment without reason or notice. However, there are exceptions to this rule, especially if termination is due to discriminatory reasons, retaliation, or it is outlined differently in your contract.

3. How much does an employment lawyer cost?

The cost of an employment lawyer can vary based on the complexity of the case, the lawyer's experience, and the fee structure. Some lawyers offer a free initial consultation, while others may charge on an hourly basis or a contingency fee if it's a lawsuit.

4. What are my rights if I’m facing workplace discrimination?

You have the right to a workplace free from discriminatory practices under both federal and New York State law. If you face discrimination based on race, color, national origin, sex, religion, age, or disability, you can file a claim with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights.

5. Can my employer refuse to pay overtime?

No, under the Fair Labor Standards Act (FLSA) and New York Labor Law, eligible employees are entitled to receive pay at one-and-a-half times their regular wage for any hours worked beyond 40 hours in a workweek.

Additional Resources

The Equal Employment Opportunity Commission (EEOC) and the New York State Division of Human Rights are valuable resources. They protect employees against workplace discrimination and have detailed information on employee rights. The New York State Department of Labor also provides resources related to wage and hour laws, family leave, and issues related to termination of employment.

Next Steps

If you believe you need legal assistance, the first step is to identify a qualified employment lawyer who is familiar with Garden City and New York State employment laws. Schedule an initial consultation to discuss your situation and potential next steps. Keep a record of any documents, emails, or other correspondences related to your case, which may be crucial evidence.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.