If you’re a business owner who is facing a lawsuit brought by an employee, hiring a team of experienced employer defense litigation attorneys is essential. Even New York companies that spend significant time and energy creating a safe and discrimination-free workplace may be subject to employee lawsuits.
Owners and managers of small businesses aren’t immune from employment lawsuits and may have fewer resources to spend in costly litigation. It is wise for employers to effectively address workplace discrimination and harassment claims soon after they receive notice of the lawsuit.
We’ve Been Providing Employer Defense Litigation For Over 30 Years
If an employee or former employee filed a claim against your business, it is wise to speak to skilled employment attorneys as soon as possible. At Lipsky Lowe LLP, we offer our business clients over 30 years of experience in employment defense litigation. Our New York City attorneys have successfully defended employers in litigation involving workplace discrimination, union grievances, unfair wage claims, and more.
We fight for our business clients at all stages of litigation, from pre-trial negotiations to post-trial appeals, when necessary. If your business is facing an employment-based lawsuit, contact our Midtown Manhattan office to schedule a free initial consultation.
Americans with Disabilities Act Defense
The Americans with Disabilities Act (ADA) is a federal law that prohibits employers from discriminating against employees who have mental or physical impairments that substantially limit a “major life event.” Succeeding in an ADA claim is difficult. Many employees do not have the necessary evidence to substantiate an ADA claim.
The ADA also provides exceptions to the general rule. The attorneys at Lipsky Lowe LLP are well-versed in the provisions of the ADA and vigorously defend businesses against ADA claims at trial. If an ADA claim did happen, we advocate for the best interest of our clients and seek to lower their liability during the litigation process.
Workplace Discrimination Defense
Legislative protections for employees have increased at federal, state, and local levels. Every year, many employees file employment-related discrimination claims in New York state and federal courts and with government agencies. According to the U.S. Equal Employment Opportunity Commission (EEOC), employees filed 76,418 charges claiming multiple types of discrimination in 2018.
Many employment-related lawsuits involve claims that an employer unlawfully discriminated against an employee. New York City employees can file claims alleging that their employers unlawfully discriminated against them because of their characteristics, such as:
- National origin
- Sexual orientation
- Military status
- Genetic traits
- Marital status
- Status as a victim of domestic violence
It is beneficial for employers to understand their obligations under discrimination laws at the federal, state, and local levels. Employers must abide by the non-discrimination provisions of all relevant laws at all times during the employment process. Employers could face liability for discrimination against an employee during any part of the employment process, such as:
- The placement of employment advertisements
- The recruiting or interviewing process
- The testing process
- The hiring process
- Assigning fringe benefits
- Employee transfers
- Use of employer facilities
- Employee layoffs
- Determination of employee compensation
- Classification or assignment of employees to job titles
- Termination process
- Retirement planning
Employees can file lawsuits against employers who discriminate during any employment process. The skilled attorneys at Lipsky Lowe LLP have experience defending businesses that face discrimination claims arising from the many employment events listed above.
New York City Wrongful Discharge Defense
Most New York City business owners will need to terminate the employment of an employee or multiple employees. New York is an at-will employment state. In most instances, employers and employees may end the employment relationship at any time for almost any reason. Nonetheless, employees may claim that an employer wrongfully terminated their employment.
If your business needs to terminate an employee, but you’re concerned about the employee filing a wrongful discharge lawsuit against you, we can help. Our employment attorneys can advise you as to preventative actions you can take and policies you can enforce to avoid a trial.
If an employee has already filed a wrongful termination lawsuit against your company, we can help. We have over thirty years of litigation defense experience in New York City. We will thoroughly investigate the termination and determine the best defense strategy at trial.
Employees have the burden of proving that their employer terminated the employment based on an unlawful reason, such as retaliation for whistleblowing or discrimination. Many employees who file wrongful termination lawsuits do not have documented evidence that proves discrimination. We’ll defend you aggressively throughout the wrongful termination litigation.
Fair Labor Standards Act Defense Litigation
The Fair Labor Standards Act (FLSA) is a federal law that requires employers to pay employees the federal minimum wage and overtime. Employees can bring claims against their employers for failing to pay them the minimum wage or for overtime work. At Lipsky Lowe LLP, our attorneys have experienced defending employers in FLSA litigation. Sometimes, factual defenses demonstrate that the employee’s claim is not substantiated.
If an employee claims his employer did not pay him for overtime work, our attorneys might present evidence that the employee never worked over 40 hours per week. Thus, the employee was not entitled to overtime pay.
When no fact-based defenses apply, our attorneys can mount a good-faith defense. When employers have a well-intended reason for failing to meet the FLSA standards, you may be able to avoid or lower your liability.
Contact Our New York City Employer Defense Litigation Attorneys
Facing litigation for employment-related issues can be taxing for business owners and managers. At Lipsky Lowe LLP, our attorneys understand how difficult it is for human resources departments and business owners to understand numerous federal and state regulations.
Our employer defense litigation attorneys have years of extensive experience defending employers in state and federal agencies and courts. We also skillfully defend business clients in arbitration and other alternative dispute processes. We fight hard to protect our clients. We are also skilled listeners and quick communicators. Contact our Manhattan law firm today to schedule your free initial consultation.