Practice Areas and Legal Definitions

New York Employment Law:
Employment law encompasses a wide array of potential conflicts between employers and employees. It involves hiring, firing and treatment during employment. It involves not only the protection of employees from unfair treatment by employers, but also the protection of employers from actions by employees and the protection of employees from actions by other employees. Employment law encompasses a wide variety of issues like pension plans, retirement, occupational safety regulations, affirmative action, work-place discrimination, sexual harassment and whistleblower rights. In fact, employment law includes all areas of the employer-employee relationship except negotiation and the collective bargaining process, which are covered by labor law.

Employment lawyers, such as Attorney Michael A. Siskin, can show businesses how to reduce their risk of employment litigation and how to comply with state and local laws. Employment lawyers can also help protect workers when their rights are being violated.

New York Employment Discrimination:
Employment discrimination generally occurs when an employee is intentionally treated differently because of the employee's race, color, religion, national origin, disability, gender, sexual orientation or age. Even if the employee's evidence is sufficient to show discrimination, an employer may be able to justify this action by proving such treatment arose out of business necessity, or that a legitimate job qualification required consideration of a factor that had an unintentional discriminatory effect. When the employer makes such a legitimate justification, the employee must show that discrimination, not the employer's justification, was the true reason for the action.

New York Harassment:
Harassment at work can take many forms, most commonly sexual or gender harassment. Sexual harassment is any unwanted and unwelcome sexual behavior, which can include verbal harassment such as derogatory comments, tales of sexual exploits, or asking for sexual favors and physical harassment such as leering, inappropriate touching and/or a deliberate sexual assault. In order to be considered illegal, the conduct must be unwelcome and offensive to the victim.

Sexual harassment is a form of sexual discrimination which violates Title VII of the Civil Rights Act of 1964 in employment settings and under Title IX of the 1972 Education Act where it relates to sexual harassment occurring in schools or other educational settings. The Fair Housing Act further provides protection against sexual harassment and quite a few states have statutes pertaining to this offense.

New York Elder Law:
Elder law is a relatively new specialization within the practice of law. It deals with the issues faced by the elderly, including estate planning, retirement planning and health care planning, which includes Medicare/Medicaid planning. Other issues involved in elder law include protection against elder abuse, neglect and fraud; consumer protection; nursing homes and in-home care; powers of attorney; landlord/tenant needs and discrimination.

Speaking of discrimination, it is unlawful for an employer, employment agency or labor union to discriminate in employment against anyone because of his or her age. This includes refusing to hire an individual or firing an employee. It also includes an individual's compensation, terms, conditions, privileges of employment and all employee benefits.

New York Business litigation:
In the area of business litigation, Attorney Michael A. Siskin is committed to handling all of your litigation needs in a prompt and efficient manner. He handles all forms of dispute resolution including mediation, arbitration and administrative hearings. His business litigation cases range from employment disputes, errors and omissions concerns to unfair competition cases and sales and purchases of businesses. Regardless of your litigation needs, you can be assured that Michael Siskin is committed to serve you in an aggressive, professional manner that sets him apart from other lawyers.

If you or someone you know throughout the greater New York metro area needs the assistance or trusted legal advice of an experienced labor lawyer, please call Michael A. Siskin today at 866-717-4672, or complete the contact form provided on this site to schedule your free consultation.

Frequently Asked Questions

The following information includes frequently asked questions about employment law issues. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Michael A. Siskin at 866-717-4672, you can receive a personal consultation regarding your specific legal claim.

What remedies are available when discrimination is found?
The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:

• Back Pay
• Hiring
• Promotion
• Reinstatement
• Front pay
• Reasonable accommodation or
• Other actions that will make an individual "whole" (in the condition he or she would have been but for the discrimination).

Remedies also may include payment of:

• A ttorneys' fees
• Expert witness fees, and
• Court costs.

Under most laws enforced by the EEOC (Equal Employment Opportunity Commission), compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice, the intent to injure, or reckless indifference.

Punitive damages are monetary sanctions imposed on a defendant. A punitive damage award has nothing whatsoever to do with the actual damages sustained by the plaintiff. The purpose of punitive damages is to punish a defendant for intentional malicious or oppressive misconduct, to deter the defendant from repeating it and to deter others similarly situated from engaging in it. Punitive damages are not available against federal, state or local governments.

In cases concerning reasonable accommodation under the Americans with Disabilities Act, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that "good faith" efforts were made to provide reasonable accommodation. An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case.

What is the Federal Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees up to twelve weeks unpaid, job-protected leave per year. The FMLA imposes certain notification responsibilities on employers. Notices about FMLA must be publicly posted and if the employer publishes an employee handbook the handbook must contain information about FMLA. It also requires that group health benefits be maintained during the leave.

FMLA is designed to assist employees in balancing their work and family responsibilities by permitting them to take reasonable unpaid leave for certain family and medical reasons. The Act also seeks to accommodate the legitimate interests of employers and promotes equal employment opportunity for men and women. A number of states have also enacted family and medical leave laws, some of which provide greater amounts of leave and benefits than those provided by FMLA. In those situations where an employee is covered by both federal and state FMLA laws, the employee is entitled to the greater benefit or more generous rights provided under the different parts of each law.

What is the Age Discrimination in Employment Act (ADEA)?
The Age Discrimination in Employment Act is a federal statute that makes it unlawful for an employer, employment agency or labor union to discriminate in employment against anyone because of his or her age. This applies to both refusal to hire an individual and to discharging an employee. It also applies to age-based disparities in compensation, to terms, conditions or privileges of employment and to employee benefits.

Who is covered by the Age Discrimination in Employment Act?
The ADEA applies only to persons who are over 40, and there is no upper age limit. The ADEA applies to employment practices in both the private and the public sector, including employment agencies and labor unions. However, using age as an employment factor may not be unlawful where age is a bona fide occupational qualification reasonably necessary to the normal operation of the job.  Also, state and local governments may use age as a basis for hiring and retiring law enforcement officers, prison guards and firefighters.

What is the statute of limitations?
As with any other civil action, lawsuits based on employment discrimination are subject to statutes of limitations. The statute of limitations is a law that limits the amount of time during which a lawsuit may be filed. The effect of a statute of limitations is that when the time for filing has expired, the claim is permanently barred. In other words, once the statute has lapsed, the claimant can no longer receive any financial compensation, regardless of the merits of the claim.

Statutes of limitations can be particularly tricky in employment discrimination cases. For one thing, the same act of discrimination form the basis for both federal and state discrimination claims, each subject to a statute of limitations, but often the length of time for filing is not the same in both. Moreover, some states permit the term of the statute of limitations in these cases to be shortened or lengthened by contract between the parties.

What is employment "at will?"
Although there are some exceptions, as a general rule all employment is presumed to be employment "at will." This means, literally, that employment may be terminated at any time the employer chooses to terminate it. There is no requirement that good cause, or indeed, any cause for the termination be shown.

What kind of exceptions apply to employment "at will?"
The two most common exceptions to "at will" employment are "statutory exceptions" and "public policy exceptions."

Statutory exceptions:

Many states have enacted statutes (in addition to any similar federal statutes) that prohibit discrimination an employee or a job applicant on the basis of race, gender, religion, national origin or age. In some states, the statutes also bar discrimination based on such classifications as sexual orientation and an individual's height or weight.

Additionally, and again, apart from federal law requirements, many states have enacted legislation prohibiting employers from discrimination against employees or job applicants on the basis of some health condition or disability. Generally, these laws prohibit discrimination not just in situations where there is an actual disability, but also in situations where there is no "actual" disability, but where the employer "perceives" a disability.

Many states have whistleblower protection laws. They are usually similar to federal whistleblower laws, providing relief for employees who have been discharged for reporting or being about to report an employer for some violation or suspected violation of a regulation or law.

Public Policy Exceptions:

Most states make it unlawful to terminate an employee who is filing or about to file a workers' compensation claim.

How do I know if I need an attorney?
Not every instance of employment discrimination results in the filing of formal charges. Sometimes the discrimination is a one-time occurrence with such a minimal negative impact that the employee chooses to simply ignore it. In other situations, there may already be a compelling personal and/or professional reason to change jobs even before a single instance of discrimination occurs. In that type of situation, the employee may decide to simply change jobs and get out of the situation.

You are the only person capable of deciding whether or not you wish to file a claim. If you believe that you are the victim of employment discrimination that has had a negative impact on any aspect of your life, you should consult with an employment discrimination lawyer as soon as possible. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. New York labor Attorney Michael A. Siskin can advise you on the applicable statute of limitations for your employment discrimination claim.

Professional Profile

Michael Siskin reveres client communication and confidentiality, regarding them as among the top priorities of his firm. At the Law Office of Michael A. Siskin, you will find a comfortable yet professional atmosphere where he will meet personally with you, as he does with each and every client, delivering trusted legal advice and services with compassion and skill.

Please contact Michael Siskin today at 866-717-4672, or complete the contact form provided on this site to schedule your free initial consultation with a trusted New York labor lawyer.

FIRM ADDRESS:

Law Office of Michael A. Siskin
17 Barstow Road, Suite 408
Great Neck, NY 11021
Phone: (866) 717-4672

MICHAEL A. SISKIN, Attorney

Education:

• University of Minnesota Law School, JD, cum laude, 1992
• University of California, Berkeley, AB, 1983

Bar Admissions:

• New York, 1998
• New Jersey, 1998, inactive
• California, 1992, inactive
• U.S. District Court, Eastern and Southern Districts of New York
• U.S. District Court, District of New Jersey
• U.S. District Court, Central District of California
• U.S. Court of Appeals, Ninth Circuit

Professional Associations:

• Nassau County Bar Association
• National Employment Lawyers Association, New York Chapter

Other Accomplishments:

• Adjunct Professor, City University of New York, Queens College