Labor & Employment Litigation

When it comes to employment, New York is an “at will” State: unless an individual has a binding contract (union or other), for a specified duration, the employer can fire him for no reason, a good reason, or a bad reason, as long as it is not a “discriminatory” reason. Employment in New York, therefore, is at the will of the employer. Most individuals who lose their jobs are surprised to learn that the employer does not have to give a reason, does not have to explain his motivation, and quite frankly, does not have to be “nice” about it, regardless of how “indispensable” the person thinks he was or how long she was there. An employer discriminates in violation of the law, however, if race, color, national origin, religion, disability/handicap, pregnancy (if its disabling), age, gender, sexual orientation or whistleblower status, retaliation and sexual harassment, is a motivating factor. If the employee’s attorney creates an inference of discrimination, the employer must demonstrate that it was motivated by a legitimate business interest; if the employer does so, the burden shifts to the employee to prove that the “reason” was merely a pretext to unlawful discrimination.

KLA represents individuals prosecuting and companies defending wrongful termination lawsuits in both the State and Federal courts. We have litigated extensively before the Equal Employment Opportunity Commission (Federal) and the New York State Division of Human Rights (state), and have negotiated numerous settlements in those forums. We are very well-versed in the nuances of Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1866 (Section 1981); the Equal Pay Act; the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA); the Rehabilitation Act of 1973; the Fair Labor Standards Act (FLSA); the Occupational Safety and Health Act (OSHA); the Family and Medical Leave Act (FMLA), New York’s Labor Law and Executive Law. We also have extensive experience successfully litigating cases of libel, slander, defamation, assault and battery, false arrest, and any other matter that arises out of or relates to the employment relationship.

Contact us about your legal matter today!