Frequently Asked Questions About Employment Law in New York

Answers from experienced employment law attorneys in New York City

Our New York City employment law attorneys at Hepworth, Gershbaum & Roth, PLLC understand the confusion and frustration you experience when considering taking legal action against an employer. The most important thing you can do to protect yourself is to get sound legal guidance before taking action or alarming your employer. We offer free, confidential initial consultations to employees who feel wronged by their employer. We want you to fully understand your rights and options before taking action.   

Schedule a free initial consultation with our leading New York City employment law attorneys today

You will surely have more questions than we can answer on this page about employment law and your rights as an employee. We welcome you to schedule a free initial consultation to have all your questions answered by a leading New York City employment law attorney. To schedule an appointment with an attorney from Hepworth, Gershbaum & Roth, PLLC, call 212-545-1199, or contact us online. Consultations are always confidential.

How long does it take to recover the compensation I am owed?

There are many factors that go into the time it takes to recover the money you deserve. The complexity of your case, whether we file in State or Federal Court, and challenges to evidentiary discovery all influence how long it takes to win. Our New York City employment law attorneys do everything possible to hasten the legal process and recover the settlement you deserve. 

Was my termination illegal?

Most terminations in New York are legal because New York is an at-will employment state. Terminations are illegal when they violate a contract or are based on an illegally discriminatory basis. Our New York City wrongful termination attorneys can help you determine whether you have sufficient grounds to pursue legal action against your former employer.

Will I lose my job if I file a legal action against my employer?

There is no simple answer to this question. Many state and federal laws provide protections for employees that take a stand for their legal rights. Your damages awarded will significantly increase if your employer violates the law and retaliates against you.

What are my employer’s obligations to accommodate for my disabilities?

An employer’s duties to accommodate you under the Americans’ with Disabilities Act and the New York disability law vary greatly depending on the type of employment. The general rule is that employers have a duty to make “reasonable accommodations.” This is a subjective rule that our New York City employee rights attorneys have strong experience litigating.

What is the difference between an independent contractor and an employee?

Employers misclassify employees as independent contractors to avoid the expenses and responsibilities that come with having employees on the books. If your employer tells you what to do, when and how to do it, then you are probably not an independent contractor. Our New York City employee misclassification attorneys help you recover past expenses and unpaid wages from being misclassified as an independent contractor.

Am I entitled to overtime wages in New York?

Many American workers are eligible for overtime wages. If you are not receiving overtime wages for working more than 40 hours in any seven day period, you may be able to take legal action. If you are unsure, meet with our New York City unpaid overtime attorneys to assess your rights and legal options.