Employment Law FAQs

Your Employee Rights in Rochester, NY

Are you familiar with your rights as an employee in the state of New York? You should know that there are a number of state and federal laws designed to protect you in your place of work. The experienced Rochester employment attorneys at The Glennon Law Firm, P.C. have helped many New York residents protect their interests and rights in court. If you have been the victim of illegal discrimination or another employee rights violation, don't hesitate to retain the skilled and aggressive representation that you deserve. Learn more about your employee rights and labor laws in the U.S. and the state of New York by reading answers to these frequently asked questions.

What is employment discrimination?

Illegal workplace discrimination is mistreatment or harassment prompted by race, religion, gender, pregnancy, nationality, disability, age, or any similar basis. This mistreatment can be marked by a number of different actions, including verbal abuse, failure to promote an employee, disproportionate payment, and more.

How do I know if I have been the victim of workplace discrimination? 
If you have reason to believe that you are being treated differently because of a physical aspect, religious belief, political opinion, or personal preference, you may have cause to make a workplace discrimination claim. It is wise to consult a legal professional who is experienced in the area of New York employment law to learn what your rights and options are at this time.

I have a physical disability and was not hired for a job I am physically capable to do. What are my rights? 
As laid out in the Americans with Disabilities Act (ADA), employers do not have the right to deny or terminate employment on the basis of a disability to individuals with the physical capacity to perform the job. If you have been discriminated against because of a physical handicap, don't hesitate to talk to a Rochester labor lawyer.

Can I be fired without cause in the state of New York? 
In most situations, yes. New York has "employment-at-will" laws, which means that unless the termination was the result of illegal discrimination, an employer can choose to discharge any employee at any time for any reason - or for "no reason" at all. As an employee, these employment-at-will laws ensure that you are also free to leave your place of work at any time and for any reason.

Does the Employee Retirement Income Security Act require every employer to provide a pension plan to his or her employees? 
No. The federal Employee Retirement Income Security Act (ERISA) is only designed to set standards for those employers who do provide pension plans, as well as the payment of certain benefits through the Pension Benefit Guaranty Corporation in the event of a plan's termination.

What federal laws protect me from age discrimination? 
The Age Discrimination in Employment Act of 1967 (ADEA) requires employers to avoid discriminating against job applicants or employees who are 40 years of age or older. This is an important employee right that you should be aware of during your job search. If you have reason to believe that you were denied employment because of your age, then you can seek retribution through an employment law claim.

What are my reemployment rights as a service member in the U.S. military? 
According to the Uniformed Services Employment and Reemployment Rights Act (USERRA), as a member of the United States Armed Forces you have the right to reemployment after returning from a term of military service. This includes members of the reserves and the National Guard. In addition, your employer or prospective employer may not discriminate against you because of your obligations or your status as a member of the military.