Best Harassment Lawyers in New York, NY

As a general rule, your employer must restore you to the position you held when the leave began, or to an equivalent position, with equivalent employment benefits, pay, and other terms and conditions of employment. However, when you return, you have no greater right to reinstatement or to other benefits than if you had been continuously employed during the leave. For example, if you would have been laid off during your leave, you will not have the right to restoration at the end of the leave.

Not necessarily. Before you quit or resign your employment, always consult with an attorney. The Courts prefer an individual remain employed while the individual is seeking to remedy to unlawful discrimination. However, the Courts also recognizes that certain situations are unbearable and force a person to quit or resign. If you have quit or resigned, it does not mean you do not have a case

Not necessarily. Before you quit or resign your employment, always consult with an attorney. The Courts prefer an individual remain employed while the individual is seeking to remedy to unlawful harassment. However, the Court also recognizes that certain situations are unbearable and force a person to quit or resign. If you have quit or resigned, it does not mean you do not have a case.

By law, your employer cannot retaliate against you for making a complaint. In addition, an effective sexual harassment policy should state that retaliation is prohibited. Most courts will therefore consider a failure to complain unreasonable, unless you have good reason to believe that a complaint would be ineffective and useless.

Exemptions are like exception to the general rule regarding overtime. There are numerous exemptions, some specific and some general. The general exemptions rule states: If you perform primarily executive, administrative, or professional duties and you are paid a salary of $455 or more a week, you are probably exempt from overtime. Additionally, if you perform primarily computer duties and are paid $27.63 an hour or more, you are probably exempt from overtime as well.