IN THIS SECTION
SMALL ENOUGH TO CARE
BIG ENOUGH TO WIN
PROTECTING YOUR WORKPLACE RIGHTS
It is illegal for a company or business to discriminate based on race, gender, orientation, nationality, age, disability or family status. Workers also have a right to minimum wage and overtime. All U.S. workers are protected by state and federal laws that shield them from any retaliation by an employer should they file a complaint.
At Bronnberg & Henriquez PC, our skilled employment law attorneys are tireless advocates for the working men and women and the teachers of this country. We can help you.
We Will Not Be Intimidated
We are willing to litigate cases when reasonable settlements cannot be reached. An employer may violate state and federal laws if it:
Fails to pay the correct minimum wage
Pays the "training wage" or "youth minimum wage" to the incorrect people or for too long
Fails to pay overtime
Classifies an employee incorrectly (salary or hourly employee)
Pays an employee cash without other benefits
Deducts too much for tips
Fails to pay employees for "off the clock work"
Salaried Versus Hourly Employees
If you are not a salaried employee, you are eligible for overtime pay under the Fair Labor Standards Act (FLSA). If you are salaried or if you have management responsibilities or other high-level duties for your company, you may not be eligible. If you believe that your employer should be paying you overtime, we can help you pursue an action against the company, including filing a claim under the FLSA.
We Represent Teachers At 3020-a Hearings And In Discrimination Complaints
Teachers may experience discrimination, especially based upon age. For example, a school or district may replace tenured teachers with younger teachers. We understand how hard our teachers work to educate and prepare our children. We work diligently to advocate for teachers' rights with the district and the National Labor Relations Board.
At-Will Employment And Wrongful Termination
Unfortunately, some employers may lay off or terminate an employee for discriminatory reasons but claim that it was for no reason at all. Often that employee has endured on-the-job harassment.
You have the right to bring a wrongful termination charge against your employer if you have sufficient evidence.
You may also bring charges against your employer if:
Your employer breached your employment contract in order to dismiss you.
You acted as a whistleblower and were retaliated against.
You refused to perform an illegal act as directed by the employer and were terminated.
You took time off, such as for example military service or Family and Medical Leave Act, and lost your job as a result.
You were victimized due to your sexual orientation, race, religion, age, nationality or family status.
Unfair Performance Evaluation
Unfair performance evaluations may be used to count toward a negative performance review and termination. Part of our advocacy is to assist you with reinstatement through your human resources department.
Call the New York firm of Bronnberg & Henriquez PC at 718-714-8542 or fill out our online contact form below and a lawyer will get back to you promptly. Our offices are located in Long Island and Queens.
HELPING UNINSURED EMPLOYERS
Employers in New York are required to have insurance coverage for their workers. If an employer has no insurance, the New York State Workers' Compensation Board may find that employer in violation of this law.
Important Information For Employers
The New York State Workers' Compensation Board may without reason or incident investigate whether an employer has employees. A violation can be found even if no person was injured. The New York State Workers' Compensation Board may direct penalties and assessments, including criminal prosecution.
If an employee is injured on the job and has filed a claim but the employer has no workers' compensation insurance at the time of the incident, the employer will also be subject to penalties and assessments. Additionally, the employer and company will be liable for reimbursement of all awards made to the injured employee. The employee may be entitled to lifetime treatment. These costs can be substantial.
Bronnberg & Henriquez PC Represents Uninsured Employers
If you are an employer who has been found in violation, there are several variables that can affect your case. We defend uninsured employers by raising the following issues, if applicable:
Independent contractor vs. employee relationship
Lapse in coverage
Improper cancellation of the workers' compensation policy by the insurance carrier
Whether the employee gave proper notice of the accident
Whether the accident arose out of and in the course of employment
Whether the injured party has sufficient medical evidence to proceed with a case, meaning the injury was caused by something that happened at work
Employers Can Be Held Personally Liable
Employers can be held personally liable for all costs related to a worker's injury if the company has no workers' compensation insurance. The corporate shield or a bankruptcy filing will not protect an employer from personal liability. The New York State Workers' Compensation Board zealously enforces compliance with the workers' compensation laws. The board can assess penalties, place liens and refer the case for criminal prosecution.
Settlements: Cost-Preventative And Without Penalties
At Bronnberg & Henriquez PC, our experienced lawyers can discuss possible settlements with the injured party as an alternative to litigation and as cost-prevention for your company. This often prevents an employer from paying the additional penalties and assessments. Due to the serious nature of this type of violation and the possible consequences to a business, hiring an attorney is an important aspect of your defense strategy.
Bronnberg & Henriquez PC in Queens will be your advocate against the Workers' Compensation Board and will negotiate for settlement that will aim to reduce your possible future costs and possible liens on your business. With over 30 years of combined experience, we can help. Call 718-714-8542 or fill out our online contact form below and a lawyer will get back to you promptly.