New York Employment Lawyers Dispelling Common Myths Regarding Employment Laws

Eliminating misconceptions about discrimination, harassment and termination

Far too often, New York area employees operate under misconceptions or myths that have the potential to negatively impact their career. Cutting through the rumors and misinformation related to New York employment laws is important to protect both the employee and the employer from unnecessary financial hardship or legal action.

The New York employment lawyers at Hepworth, Gershbaum & Roth leverage more than 70 years of combined legal experience to dispel rumors and emphasize truths in employment law. 

Here are some of the most common New York employment law myths.

Employers must have cause for firing an employee.

Many employees think that they must be given cause for their termination, such as a lack of performance or poor attendance. This simply isn’t true – New York is an employment-at-will state. This means that employers are able to terminate an employee for no specific reason, provided that those reasons do not relate to discrimination, whistleblowing or harassment.

This works both ways, however, as employees may choose to leave their jobs at any time, without having to offer reasons.

Harassment is always grounds for a lawsuit

We’ve all seen or heard about harassment victims filing, and winning, lawsuits against former employers. While it is true that many types of harassment are grounds for a lawsuit, it is not always a given that a victim will recover damages for their mistreatment. In most cases, courts will only entertain harassment lawsuits in cases in which the victim was sexually harassed or targeted because of a protected class status, such as gender, race, religion, sexuality or age.

Harassment based on other issues, such as a person’s attire or unprotected issues may not be grounds for a strong lawsuit.

Sexual harassment only happens to women

Many people think that women are the only gender that experiences sexual harassment in the workplace. This could not be further from the truth. Men are nearly as likely to experience sexual harassment from coworkers. In fact, men file 20 percent of sexual harassment cases handled by the U.S. Equal Opportunity Employment Commission each year. These numbers do not include men who choose not to seek legal action.

Candidates with disabilities have an advantage during the hiring process

With equal opportunity employment and diversity at the forefront of hiring practices, many people believe that individuals with disabilities, or those from minority groups, have advantages over other candidates. While it is true that the U.S. Department of Labor and state and federal labor laws prohibit employers from denying candidates based on disability, there truly is no concrete advantage for disabled individuals.

For instance, if a disabled individual fails to meet the qualifications for employment, that person can be passed over, providing that the decision is based on factors other than their disability. Should an employer find themselves with a pool of candidates with the same qualifications, there is no law requiring them to hire a disabled individual over a candidate without disability as long as the decision is based solely on qualifications.

The same is true for candidate pools including minorities and individuals of other protected classes.

Winning compensation in an employment law case is relatively easy

Due to the many high-profile harassment and discrimination lawsuits in recent years, many people have come to the belief that winning an employment law case is relatively simple. This could not be further from the truth, however. In many cases, an employee faces an uphill battle to prove their case and demonstrate the impact of harassment, unlawful termination or discrimination.

Adding to the heavy burden of proof is the fact that many employers retain high powered law firms or legal teams dedicated to combatting accusations of employment law infractions.

If you feel that you have been harassed, discriminated against or unlawfully terminated, it is vital to hire an experienced New York employment law attorney immediately.

Schedule a free initial consultation to discuss your specific New York employment law concerns

If you have encountered an employment law issue that has the potential to wreak havoc on your career, your emotional well-being or your finances, it is important to speak to an attorney. At Hepworth, Gershbaum & Roth, our New York employment law attorneys provide the supportive and informative representation you need to understand your legal footing and your options for pursuing resolutions to your issues.

To schedule a free consultation to discuss your case with one of our New York employment lawyers, contact us online or call 212-545-1199 today.