Fisher | Taubenfeld LLP New York Employment & Labor Law Attorney | Wrongful Termination Law2026-07-17T20:17:51Zhttps://www.fishertaubenfeld.com/feed/atom/WordPress/wp-content/uploads/sites/1304334/2026/04/cropped-favicon_site-icon-32x32.pngOn Behalf of Fisher | Taubenfeld LLP<![CDATA[Why many people don’t report workplace sexual harassment]]>https://www.fishertaubenfeld.com/?p=528982026-07-01T03:02:45Z2026-07-01T03:02:45ZFear of retaliation
One study found that employees are less likely to report sexual harassment when the economy is weak. They fear that doing so might cost them their job because employers may prefer to retain staff who do not “cause problems’ for them by making such reports.
This can apply in good economic times as well -- especially if the perpetrator holds a senior position or appears to hold favor with management. Employees may fear that reporting someone in authority could lead to retaliation by the person themselves or someone with the power to protect that person.
Little hope of a resolution
“Why bother? No one will do anything” is something many harassment victims have thought when urged to report the harassment. People may take this attitude due to things that they have seen happen when others have reported it or when they have reported previous incidents themselves.
Uncertainty over whether it was harassment
Some sexual harassment is simple to identify, while other events are less clear for many people. A lot of incidents that some brush off as jokes, misunderstandings or just being friendly are, in fact, sexual harassment.
The best way to stop workplace sexual harassment from happening to you and others is to report any you experience or witness. Having experienced legal guidance can help you protect and assert your rights.]]>On Behalf of Fisher | Taubenfeld LLP<![CDATA[Understanding Non-Compete Agreements: Are They Enforceable? ]]>https://www.fishertaubenfeld.com/?p=528932026-06-24T07:30:01Z2026-06-24T07:30:01ZMany firms include non-compete clauses in work contracts to stop staff from joining rivals after they leave. Employees often sign these deals without knowing how they limit future job moves.
In New York, courts can enforce these restrictive deals, but judges check their validity through strict legal tests rather than giving automatic approval to firms. Recent bills continue to challenge these practices, which keeps the state labor market dynamic.
1. Legitimate Business Needs
An employer must prove that the restrictive rule protects a real business need. New York courts only recognize narrow reasons like protecting true trade secrets, keeping client data safe or shielding unique skills. Firms cannot use these clauses just to stop normal market competition, retain regular staff or lower local wages. The business must show a clear necessity before a court will support the rule.
2. Fair Time and Geographic Scope
A valid contract must set reasonable limits on duration and geographic reach. Judges study these exact lines closely before enforcing any post-job limits. While a ban lasting six months to a year often survives court review, a broad nationwide ban almost always fails. The geographic limit must match the exact area where the firm handles its actual business.
3. Worker Hardship and Public Good
The contract terms must not cause a heavy burden for the worker or harm the general public. If a non-compete clause stops a person from earning a living, the court might cancel the whole text. Also, state rules protect public welfare, so these terms cannot limit vital public services like healthcare. Judges often throw out deals that harm the community or stop professionals from doing their work.
Guidance Amid Legal Shifts
Employment deals contain confusing terms that shift with new state rules and law proposals. A skilled attorney helps professionals review these hard clauses, check their legal status and find better terms before signing away a career choice. With the proper guidance, workers keep their professional freedom while avoiding costly court fights in a changing system.
]]>On Behalf of Fisher | Taubenfeld LLP<![CDATA[Reporting discrimination to an employer]]>https://www.fishertaubenfeld.com/?p=528882026-06-16T15:50:46Z2026-06-16T15:50:46ZWorkplace discrimination is something that employees shouldn’t have to deal with while they’re trying to do their job duties. All companies should have clear rules against discrimination, as well as reporting procedures in case discrimination occurs.
Federal law prohibits discrimination based on several protected characteristics, such as race, gender, national origin, age, religion and disability. Others are also applicable based on federal, state and local laws.
Reports don’t have to be filled with legal terminology
Employees should report all incidents of discrimination to their employer. This doesn’t have to include legal terms, but it should include specific information about what happened, who was involved and why the incident is considered discrimination. Specific facts are much more helpful than general statements.
Complaints must be investigated
Employers have a responsibility to investigate all complaints about discrimination. This can include reviewing documentation, interviewing witnesses and taking other steps to find out what happened. If the investigation shows that discrimination occurred, disciplinary measures should be taken.
Retaliation isn’t appropriate
Employees should be able to file factual complaints without having to worry about facing retaliation. Federal laws protect these employees from facing negative employment actions as a result of the complaint. This means they shouldn’t have to deal with termination, pay cuts, unfavorable evaluations that aren’t warranted or other similar situations just because they spoke up.There are times when employees may decide to seek other options to deal with the discrimination. Legal action is possible, but these cases can be complex, so employees should work with someone who understands the situation and can assist with getting the case moving in the right direction.
]]>On Behalf of Fisher | Taubenfeld LLP<![CDATA[Protecting yourself after reporting harassment in NYC]]>https://www.fishertaubenfeld.com/?p=528872026-06-04T15:56:08Z2026-06-06T15:41:04ZUsing the law as your shield
New York City has strong legal protections against workplace retaliation. It is illegal for any employer to punish employees for complaining about labor law violations. Many instances of workplace violations go against the New York City Human Rights Law (NYCHRL).
The NYCHRL applies to all employers with four or more employees (including independent contractors) and employers with one or more domestic employees. There are multiple classes under the law with protections against discrimination. Actions that may count as discrimination or harassment under NYC laws can range from subtle to severe.
Some examples which may count as discrimination are:
A manager making sexually offensive comments
A coworker spreading racist jokes around the office
An employer giving you pay cuts because of your religion
Retaliation after making a complaint over harassment is illegal in NYC. You cannot be terminated, demoted or punished simply for reporting discrimination or notifying authorities over unlawful employer practices.
Making complaints about harassment
You might think that protections only apply if you file a formal complaint with the Labor Department. But the law recognizes a diverse range of actions as reporting workplace harassment. In New York City, reporting workplace harassment is a protected activity.
Reports can be internal or external. For example:
Internal: Sending a report to HR or speaking to a manager
External: filing a charge with the NYC Commission of Human Rights
You do not lose workplace retaliation protections by starting internally with your company. Additionally, under NY State Human Rights Law (NYSHRL), you do not need to prove harassment is “severe or pervasive” to have a valid claim. Reports are protected activity if your concerns are in good faith.
Staying protected even after reports
Retaliations may not always be obvious as unjust demotions or dismissals. Employers may act in more subtle ways, such as leaving you out of company meetings, assigning you with undesirable tasks or burdening you with unreasonable workloads.
If you feel as if you might be subject to workplace retaliation, take steps to protect your career and livelihood. Some immediate actions you can take:
Document incidents at your workplace
Gather evidence for your claim
Prepare to file retaliatory charges with agencies such as the Equal Employment Opportunity Commission (EEOC)
Legal assistance from professionals can help you in determining your steps to defend against workplace retaliation in NYC. Don’t fret, some of the strongest anti-retaliation laws in the country are protecting you!]]>On Behalf of Fisher | Taubenfeld LLP<![CDATA[Promotion discrimination affects workers’ careers and incomes]]>https://www.fishertaubenfeld.com/?p=528862026-06-03T03:55:34Z2026-06-03T03:55:34ZProtected characteristics shouldn't impact opportunities
An employee’s race, sex, age, religion or medical challenges should not influence their ability to move upward within a company. As long as they are capable of performing the job functions, they should receive fair consideration based on their skills, seniority and work history.
Unfortunately, promotion discrimination is common enough that many people are aware of the “glass ceiling.” Frequently, women struggle to move into the highest positions within organizations. Similar discrimination can affect workers from different racial backgrounds, as well as those who belong to religions that differ from the majority of those currently in positions of authority at a company.
Even older workers who have experience and career connections might face discrimination if their employers unfairly give younger workers preferential consideration when filling vacant positions. Employees who have been denied opportunities may have grounds for employment discrimination lawsuits. That’s especially true in scenarios where someone has repeatedly lost out on opportunities to less-qualified people or when a company's promotion practices clearly benefit a specific group,
Reviewing the company's practices with an experienced employment law professional can help workers hold employers accountable for unlawful discrimination. If protected characteristics influenced career opportunities, workers can potentially hold their employers accountable for the economic of the company’s promotion discrimination.]]>On Behalf of Fisher | Taubenfeld LLP<![CDATA[How qui tam lawsuits help protect taxpayer money]]>https://www.fishertaubenfeld.com/?p=528802026-05-22T01:34:40Z2026-05-22T01:34:40ZWhat is a qui tam lawsuit?
A qui tam lawsuit is a type of whistleblower case brought under the federal False Claims Act or the New York False Claims Act. It allows individuals to file claims on the government’s behalf when they believe a company or organization has knowingly defrauded the government by submitting false claims. Many times, the whistleblower is a current or former employee with firsthand knowledge of the misconduct.
Conduct that may lead to a qui tam lawsuit includes:
Billing Medicare or Medicaid for services never provided
Overcharging government agencies
Submitting fraudulent invoices under government contracts
Paying illegal kickbacks in healthcare or contracting arrangements
Government fraud can drain billions of dollars from programs intended to serve the public. It ultimately impacts taxpayers and can reduce funding for essential services.
Qui tam lawsuits can help protect taxpayer money by:
Recovering improperly obtained government funds
Deterring future fraud
Encouraging corporate accountability
Protecting public programs from abuse
Employees who work directly within these systems can often identify patterns that may not be immediately apparent to outside investigators.
Understandably, employees often hesitate to report fraud because they fear retaliation. They worry about harassment, demotion, termination and damage to their professional reputation. However, many times, both federal and New York State law provide protections for whistleblowers.
Additionally, an employee who files a qui tam lawsuit may receive a percentage of the funds recovered by the government. Under the False Claims Act, they may recover a percentage of the amount obtained through settlement or judgment.
These financial incentives are intended to encourage individuals with knowledge of fraud to come forward, especially if doing so may involve personal or professional risk. It’s important to have experienced legal guidance to learn more.]]>On Behalf of Fisher | Taubenfeld LLP<![CDATA[How could your employer illegally reduce your earnings?]]>https://www.fishertaubenfeld.com/?p=528792026-05-08T02:37:37Z2026-05-08T02:37:37Zillegally cutting the wages of their employees. Here are some of the ways they might do that.
Ignoring extra minutes worked
Have you ever had to work a few minutes beyond the official end of your working day? Has your boss ever told you to get things rolling even though the start of the work day or the end of your scheduled break was still some minutes away? Many workers willingly do those little extras for their employer, but those unpaid minutes can soon amount to a considerable amount of unpaid work, especially if multiplied across much of the workforce. Your employer's gain is your loss.
Failing to pay the appropriate rate
Some employers pay below the minimum wage. They think they can get away with this because workers are often desperate to have and keep a job. Others claim they are paying the right amount because they meet or surpass the minimum federal rate of $7.25 per hour. What they are actually required to pay in New York is the state’s minimum wage of $16.00 per hour, with the exception of New York City, Long Island and Westchester County, where $17.00 per hour is the minimum required.
Employers may also fail to meet their obligations to pay overtime. They may fail to pay it when due or to calculate it at the correct rate.
If you believe you may have been underpaid or are unsure whether you have, you should talk to your boss or the Human Resources department about it. Depending on their response, you may need to seek legal guidance to help ensure that you receive the full amount you are due for your time and work.]]>On Behalf of Fisher | Taubenfeld LLP<![CDATA[5 social media habits that can create legal risks at work ]]>https://www.fishertaubenfeld.com/?p=528782026-05-04T12:14:06Z2026-05-04T12:14:06ZSocial media blurs the line between personal time and work. Your posts carry weight even if you share them late at night. Careless digital habits often cost people their jobs and ruin professional reputations.
1. Sharing negative workplace opinions
People pursue personal hobbies during their time off. Still, companies value loyalty and a positive brand image. Ranting about your boss or complaining about clients creates tension. These actions could lead to immediate dismissal because they damage the company’s reputation.
2. Harassing coworkers online
Bullying occurs beyond the office walls. Digital insults or offensive memes targeting a colleague create a toxic culture. Employers act quickly to stop such behavior. In some instances, it could result in termination to protect the team and maintain a safe environment.
3. Revealing private information
Posting a photo of your desk might show client files or internal plans. This breach of trust breaks company rules regarding secrecy. Businesses take swift action to protect their unique ideas and often let employees go to prevent further damage to their operations.
4. Posting on the clock
Managers notice when you use personal accounts during work hours. Scrolling through feeds instead of finishing tasks shows a lack of commitment. Employers use digital timestamps to prove poor performance. This habit may be grounds for termination and might limit your future opportunities.
5. Trusting privacy settings
Many people believe their digital lives remain private. However, coworkers often share screenshots of your posts with management. These images serve as proof of poor judgment. Your digital footprint persists even after you hit the delete button.
Protecting your professional path
Modern digital speech carries heavy burdens. A single click can change your future forever and affect other career opportunities. A skilled attorney can help you get around these tricky situations and ensure you maintain your standing. They can protect your career from unnecessary harm and potential lawsuits.
]]>On Behalf of Fisher | Taubenfeld LLP<![CDATA[Can you sue your employer for discrimination?]]>https://www.fishertaubenfeld.com/?p=528762026-04-27T20:51:36Z2026-04-27T20:50:54ZWhat counts as workplace discrimination?
Employment laws prohibit discrimination based on specific protected traits. While these vary slightly by state, federal law protects you from discrimination based on:
Race or color.
Religion.
Sex, gender identity, or sexual orientation.
National origin.
Age (40 and older).
Disability.
Pregnancy.
Discrimination can show up in hiring, promotions, pay, job assignments, discipline, or termination. It also includes harassment that creates a hostile work environment or retaliation after you report misconduct.
When can you sue your employer?
You can sue your employer if you can show that their actions were not just unfair, but illegal under discrimination laws. Typically, this means proving:
You belong to a protected class: You must fall within one of the legally protected categories.
You experienced an adverse employment action: This could include being fired, demoted, denied a promotion, or subjected to unequal pay.
There is a connection between the two: You need evidence that your protected characteristic motivated the employer’s decision.
Courts often rely on documentation, witness statements, and patterns of behavior to evaluate these claims. A single comment may not be enough, but a pattern of biased actions can strengthen your case.
Steps to take before filing a lawsuit
You usually cannot go straight to court. In most cases, you must first file a complaint with a government agency such as the Equal Employment Opportunity Commission (EEOC) or your state’s labor agency. Here is what you should do early on:
Document incidents, including dates, times, and witnesses.
Save emails, messages, or performance reviews.
Report the issue internally if your workplace has a complaint process.
File a charge with the appropriate agency within the deadline.
After reviewing your claim, the agency may investigate, attempt mediation, or issue a “right to sue” letter, which allows you to move forward in court.
What can you recover in a lawsuit?
If you succeed, you may recover damages such as:
Lost wages or benefits.
Compensation for emotional distress.
Reinstatement or promotion.
Attorney’s fees and legal costs.
In some cases, courts may also award punitive damages if the employer acted with intentional misconduct.
Why legal guidance matters
Discrimination cases can be complex and time-sensitive. Deadlines for filing claims are strict, and missing them can limit your options. An experienced employment attorney can evaluate your situation, help gather evidence, and guide you through each step of the process.
If you suspect discrimination, do not ignore it or assume nothing can be done. The law provides protections, but you must act to enforce them. Speaking with a qualified attorney can help you understand your rights and determine whether filing a claim is the right move for you.]]>On Behalf of Fisher | Taubenfeld LLP<![CDATA[New York state law on employee credit history checks just changed]]>https://www.fishertaubenfeld.com/?p=528732026-04-20T12:20:15Z2026-04-20T12:20:15ZA lot of people have gone through a period where they were seriously in debt and maybe even filed for bankruptcy. That means their credit score took a hit, and their credit report may still show some negative activity.
In most cases, a less-than-impressive credit history is irrelevant to a person’s ability to do a particular job, and if they are trustworthy. Unfortunately, that hasn’t always stopped potential employers from checking their credit history with a consumer reporting agency or obtaining their credit score before deciding whether to hire them. Even current employers may sometimes do that if an employee is seeking a promotion or just a different position.
Expansion of New York City’s law
As of April 18, New York state law prohibits employers, with some exceptions, from using a person’s credit history to make employment decisions such as hiring, compensation, promotion and firing. The change is actually an amendment to the New York State Fair Credit Reporting Act. It’s a statewide expansion of a law that’s been in place in New York City for over a decade.The change makes New York the 11th state to enact such a law. Washington, D.C., and several large cities in addition to NYC have similar prohibitions.The law makes using a person’s credit history a form of discrimination. That means people can potentially take legal action if they’ve been the victim of it. The law applies to any employee who lives in New York, even if their employer is based in another state.
Exceptions to the law
The exceptions to the law involve jobs that require a security clearance (like law enforcement positions), financial authority, or access to a company’s trade secrets as well as positions where obtaining consumer credit history is required by law. Exceptions can also be made based on individual job responsibilities. However, employers need to be very careful to ensure that they aren’t checking the credit histories of only some of the applicants for a position. This can be a serious form of discrimination in itself.Since the law is so new, some employers may fail to follow it – either intentionally or unintentionally. It can be difficult, if not impossible, for a person to know why they didn’t get a job or a promotion if the employer doesn’t acknowledge the true reason. However, those with questions or concerns about whether their credit history was wrongfully used to discriminate against them can benefit from getting experienced legal guidance.]]>