Employment Law

February 1, 2021 By Claudia Pollak, Esq.

Employment Law2021-06-14T20:32:41+00:00

Westchester County, NY Employment Lawyer, Claudia Pollak, Esq.

The area of employment law covers a wide range of employment-related legal issues, including wage and hour laws, discrimination, and sexual harassment. If you have been the victim of workplace discrimination, harassment, retaliation or a hostile work environment, Claudia Pollak, Esq. can help.

Claudia Pollak is a highly skilled Westchester County employment lawyer, having protected the rights and best interests of workers for more than 20 years. Although we handle all types of employment law matters for employees and independent contractors in Westchester County, we focus on workplace discrimination and retaliation for objecting to illegal workplace conduct. We have an impressive track record of obtaining favorable settlements that help everyone involved quickly move on from the situation.

Westchester County, NY-based attorney Claudia Pollak protects individuals who find themselves in unfair and unlawful situations at work. This includes becoming the target of discrimination because of race, religion, gender, pregnancy, sexual orientation, disability, ethnicity, or other classifications of workers that have been harmed while simply trying to earn a living. She has obtained favorable results on behalf of employees and independent contractors experiencing a wide range of issues in the workplace, including dealing with a hostile work environment, unfair disciplinary actions, wrongful termination, warnings, write-ups, and negative performance evaluations, unpaid wages, and overtime pay, as well as retaliation following a complaint of unlawful treatment. In addition, attorney Claudia Pollak assists clients with severance negotiations and fighting allegations of violations of non-compete, non-solicitation and non-disclosure agreements. She is an expert in analyzing employee handbooks and other protected employment-related work policies with non-compete and non-solicitation clauses to ensure that employers are operating within the limits of the law.
Contact us today for a confidential consultation about your case.

Employee Rights in Westchester County

Employees in Westchester County are protected from workplace discrimination at the federal, state, and local levels. These protections include, but are not limited to:

Under federal law, employees are protected against discrimination on the basis of race, religion, sex, disability, age, and national origin. Retaliating against someone for reporting employment discrimination is also prohibited under federal law.

The New York Human Rights Law provides additional protections than the federal law, and in some cases has lower standards of proof.

The Westchester County Human Rights Law was passed in 2000, and made it illegal to discriminate against employees in Westchester County based on their race, color, religion, ethnicity, creed, age, national origin, alienage or citizenship status, familial status, gender, marital status, sexual orientation or disability.

Areas of Focus

Westchester County employment attorney Claudia Pollak, Esq. is experienced in employment discrimination matters, including:

  • Sexual Harassment— Sexual harassment is a form of gender discrimination, and it is illegal in the workplace. Examples of sexual harassment include unwelcome sexual advances, comments of a sexual nature, requests for sexual favors, display or distribution of sexually inappropriate images, and making sexual remarks about another’s appearance or body.
  • Disability Discrimination — Disability discrimination is prohibited in the workplace under the federal Americans with Disabilities Act (ADA), which defines a disability as a physical or mental impairment that restricts one or more “major life activities.” Workers with a disability are entitled to fair treatment in the workplace, which includes the right to be hired without regard for the disability, and the right to receive a reasonable accommodation to enable them to perform their job while managing their disability — as long as they can fulfill the essential functions of the job with or without a reasonable accommodation.
  • FMLA Discrimination — The Family Medical Leave Act (FMLA) allows eligible employees up to 12 weeks of unpaid leave for specific family-related issues, such as a serious medical condition, childbirth, and maternity leave, adoption, or to care for a spouse, child, or parent with a serious health problem.
  • Gender Discrimination — Being harassed or receiving unequal treatment based on gender is strictly prohibited by federal, state, and local laws in Westchester County. Men, women, and LGBT workers can all be victims of gender discrimination in the workplace.
  • Hostile Work Environment — It is illegal for an employer or co-worker to intentionally create an intimidating, offensive, or otherwise hostile environment based on a worker’s membership in a protected class, such as race, sex, national origin, or religion. Examples of actions that may constitute a hostile work environment include the use of racial slurs, threats of physical assault, ridicule, and sabotaging a worker’s performance or ability to get promoted.
  • Racial Discrimination — If you have been terminated, passed over for a job, demoted, or re-assigned to an unfavorable shift based on your race, color, or ethnic background, you may have a racial discrimination case against your employer. Proving that these actions were directly related to race can be challenging, so it’s critical to document as much as possible. Save emails, handwritten notes or memos, voice messages, and ask any witnesses if they would be willing to support your claims of discrimination.
  • Severance Agreements — If your position is being eliminated due to corporate downsizing or you are being laid off for another reason, you may be asked to sign a severance agreement. This is a legally binding contract which is often used to protect employers from future lawsuits and ensure that their best interests are protected. As an employee, you are under no obligation to sign a severance agreement, and doing so may not be to your advantage. It is always wise to have an experienced Westchester County employment law attorney review your severance agreement before signing.
  • Pregnancy Discrimination — Another form of gender discrimination, pregnancy discrimination occurs when a female employee or job applicant is discriminated against because of pregnancy, childbirth, or a related medical condition. It is illegal to terminate or refuse to hire someone because she is pregnant, and it is also illegal to determine the terms and conditions of her employment due to pregnancy.
  • Equal Pay Discrimination — In New York, similarly-skilled employees who work similar jobs under similar conditions that produce similar results must receive equal pay. There are limited exceptions, such as for cost of living adjustments in different geographical regions, or objective reasons such as seniority.

Contact Experienced Westchester County Employment Attorney Claudia Pollak Today

If you have been the victim of workplace discrimination, harassment, retaliation or a hostile work environment, a Westchester County employment lawyer at Claudia Pollak Law can help. Considering that we spend a significant part of our lives at work, it is extremely important to feel safe and comfortable in the workplace. We understand the sensitive nature of employment discrimination and harassment cases, and we will ensure that your rights and best interests are protected every step of the way. There is no need to suffer needlessly another day, we can help!

Contact Claudia Pollak today for a free and confidential consultation about your case.

westchester county employment lawyer

Claudia Pollak

Claudia Pollak, Esq. is an experienced Westchester and NYC-based employment lawyer representing employees facing discrimination, retaliation or wrongful termination because of their race, disability, pregnancy, sexual orientation, gender, or other protected characteristic. She also advises on executive severance agreements and restrictive covenants. Call her at 914-LAW-9111 (914-529-9111) for a free consultation.

Employment Discrimination

Employment Discrimination

Employees in Westchester County and other parts of New York state are protected from discrimination in employment based on a number of personal characteristics.

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Sexual Harassment

Sexual Harassment

Sexual harassment at the workplace has always existed, but the #metoo movement has brought this ugly secret out into the glaring light of day.

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Disability Discrimination

Disability Discrimination

Being disabled can impact individuals in several important ways. For a great many Americans, however, it does not prevent them from working.

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Breach of Executive Employment Agreement

Breach of Executive Employment Agreement

Despite the existence of an enforceable contract, employers sometimes terminate an executive’s employment before the end of term, and in violation of the employment agreement.

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Gender Discrimination

Gender Discrimination

There are many types of gender discrimination occurring in the workplace, including discrimination based on sexual orientation, pregnancy, or transgender or non-binary status.

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Hostile Work Environment

Hostile Work Environment

Some of our most vulnerable populations are experiencing increasingly stressful employment situations. In fact, many workers in America (up to 1 in 5) feel they work in a hostile or abusive work environment.

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Racial Discrimination

Racial Discrimination

While many businesses have openly acknowledged the problems of discrimination and inequity facing black workers in America as a result of the Black Lives Matter movement, racial discrimination still regularly occurs in the workplace.

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Severance Agreements

Severance Agreements

Whether your position is being eliminated in corporate downsizing, or you are getting laid off or fired for another reason, at some point in your life you may find yourself reviewing a severance agreement.

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Pregnancy Discrimination

Pregnancy Discrimination

The last thing you need when you’re starting a family – or growing one – is financial uncertainty or the stress and anxiety that comes from becoming the target of discriminatory treatment at work because of your pregnancy.

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New York Equal Pay Law

New York Equal Pay Law

New York Labor Law §194, requires that employees of a particular establishment be paid a wage that is equivalent to the wages paid to employees of the opposite sex, or of a different race or sexual orientation, or who are members of any other class of employees.

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GLOWING CLIENT REVIEWS

She puts the needs of her clients first.

Amanda Moody

Very knowledgeable lawyer. Very commendable.

Thomas Sauer

I connected with Claudia for assistance negotiating an employment agreement. Claudia was very responsive right from the start. Once we agreed to move forward, she worked over a weekend and we had calls on a Saturday and Sunday to be in a position to respond by Monday. Her detailed and thoughtful review was extremely valuable to me. She explained all of her rationale and provided me with a detailed response which I used. I am so glad I worked with Claudia and would highly recommend her services!

Salvatore Sama

I wish I could give her a million stars.

Lisa Smith

 

 

 

 

 

 

Its hard to find an attorney who cares about their clients. Well I did Her name is Claudia Pollack she was very fair with me. She provided the service I have never have gotten from any attorney. She is knowledgeable about the law and she explained to me every step of the way what she was doing and why. She had patient’s with me, pretty much held my hand and explained all my options.When Claudia says she is going to do something she does. Her communication level was super.Claudia whordked hard and fast and got the job done.Having hired Claudi I was able the have a lot less stress and most of all slept very well at night knowing that she was on my side

Steven Katz

I consider myself fortunate to have been introduced to Claudia, who performed flawlessly on my behalf in extremely difficult and trying conditions. As a senior level executive, my expectations for professionalism and service delivery are high and I can honestly say that Claudia went far above and beyond my expectations to represent my best interests. She is tenacious and fights for her clients rather than pursuing the path of least resistance. Her case preparation was extremely thorough and diligent. When combined with her experience and high level of competence in employment law, she is a formidable adversary to any employer, large or small, who exercises digressions in employment tactics. It is without reservation that I recommend Claudia’s services to handle any employment matter, large or small, that requires legal finesse.

Richard Hayes

TESTIMONIALS

Smart, knowledgeable and accessible. Claudia has expertly represented me since 2014 with several successful contracts negotiations.
Very knowledgable lawyer, very commendable.
She puts the needs of her clients first.
I wish I could give her a million stars.

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