Employment Law Litigation | Lawyer for Labor Laws New York

Employment Law Litigation

The firm provides litigation representation in state and federal courts, located throughout the country (pro hac basis) and Connecticut, Manhattan and New York, and Florida, to employees and executives related to various employment law topics. Mark is a seasoned litigation and trial attorney. He is also an appellate attorney and will represent the client through the appeal stage of the case. He has comprehensive knowledge regarding many employment law matters and is ready to handle a variety of cases, both large and small.

Typical Cases:

1. Employment Discrimination

  • Sexual Harassment and Gender Discrimination

    • State and Federal laws (Title VII of the 1964 Civil Rights Act) prohibit discrimination based upon sex or gender. Employers are required to make all employment decisions, such as hiring, firing, promotion, transfer and compensation, based on neutral business related criteria and not based on an employee’s sex or gender.  These laws also prohibit sexual harassment by supervisors and coworkers, such as unwelcome sexual advances, sexual touching, conditioning sex for favorable work related conditions (quid pro quo harassment).
    • Sexual Stereotyping is also prohibited and occurs when employees are adversely viewed by supervisors and coworkers as having too much or too little of male or female characteristics.
    • Sexual Orientation Discrimination: Discrimination against the LGBT or GLBT (lesbian, gay, bisexual, transgender) community at work is also prohibited. (7th Circuit Court of Appeals in Chicago ruled on 4/4/17 that sexual orientation discrimination is illegal)
    • What to do if you have been discriminated against based on sex, gender, sexual stereotyping or sexual orientation at work. If you believe you have been discriminated against at work, you should contact Mark P. Carey P.C. and file an internal complaint and a complaint with local, state and federal enforcement agencies (U.S. Equal Employment Opportunity Commission and U.S. Department of Justice).  If you preserve your rights while employed, you are also protected against retaliation by the employer- an easy claim to prove.  Please contact our employment lawyers today at (203) 255-4150 to review your facts and determine if you have a claim.  Mark P. Carey P.C. helps employees located throughout the country and Connecticut, New York and Manhattan, and Florida.  Schedule your complimentary consultation today!

Read Article About Sex & Gender Discrimination

Read Article About Equal Pay Discrimination

  • Age Discrimination

    • State and Federal laws (Age Discrimination in Employment Act ADEA) prohibit discrimination substantially because of and because of an employees age. Employers are required to make all employment decisions, such as hiring, firing, promotion, transfer and compensation, based on neutral business related criteria and not based on an employee’s age.  If you are over forty (40) years of age, you are protected against age discrimination.  Employers cannot ask when you are going to retire or similar related comments or questions.  If you are a baby boomer, there is a high probability you will experience age discrimination during your career.  Our firm regularly handles a disproportionate number of age related discrimination cases.
    • What to do if you have been discriminated against based on age at work. If you believe you have been discriminated against at work, you should contact Mark P. Carey P.C. and file an internal complaint and a complaint with local, state and federal enforcement agencies (U.S. Equal Employment Opportunity Commission and U.S. Department of Justice).  If you preserve your rights while employed, you are also protected against retaliation by the employer- an easy claim to prove.  Please contact our employment lawyers today at (203) 255-4150 to review your facts and determine if you have a claim.  Mark P. Carey P.C. helps employees located throughout the country and Connecticut, New York and Manhattan, and Florida. Schedule your complimentary consultation today!

Read Article About Age Discrimination

  • Retaliation Discrimination

    • State and Federal laws (Title VII, ADEA, ADA, PDA, 42 U.S.C. Section 1981, 1st Amendment) prohibit retaliation for engaging in acts to complain about discrimination both internally at work and externally with local, state and federal agencies. Employers are required to make all employment decisions, such as hiring, firing, promotion, transfer and compensation, based on neutral business related criteria and not based on a person’s complaint of discrimination or participation in another employee’s complaint of discrimination.  Retaliation cases are far easier to prove than other forms of discrimination.  Generally under Federal law, the employee must prove the employee’s complaint of discrimination or participation in the investigation of a complaint of discrimination was the “but for” reason (>%75 probability) for the employer’s decision to treat them adversely (i.e. fired, demoted). Under some state laws, like Connecticut, the employee only has to show the complaint was the substantial motivating factor in the employer’s decision to treat them adversely.
    • If you believe you have been retaliated against at work, you should contact Mark P. Carey P.C. and file a complaint with local, state and federal enforcement agencies (U.S. Equal Employment Opportunity Commission and U.S. Department of Justice).  Please contact our employment lawyers today at (203) 255-4150 to review your facts and determine if you have a valid claim.  Mark P. Carey P.C. helps employees located throughout the country and Connecticut, New York and Manhattan, and Florida. Schedule your complimentary consultation today!

Read About Retaliation Discrimination

  • Pregnancy Discrimination

    • State and Federal laws (Title VII and Pregnancy Discrimination Act) prohibit pregnancy discrimination at work. Employers are required to make all employment decisions, such as hiring, firing, promotion, transfer and compensation, based on neutral business related criteria and not based on a woman’s pregnancy.  Pregnancy discrimination is a form of sex/gender discrimination and an employee has related protections against job loss under state and Federal Family Medical Leave Act (FMLA) (12 weeks leave and protected job status) (Connecticut has a 16 week leave and protected job status).  Employers may also provide short term disability pay (six months paid leave), pursuant to ERISA (Employee Retirement Income Security Act), up to 60%-100% (depending on the plan terms) of base pay during the pregnancy/medical/disability leave.  In some states, like Connecticut, a woman’s pregnancy is considered a disability and entitled protections against disability discrimination. Our firm easily coordinates all of these laws to the maximum benefit to our clients.  For more information about pregnancy rights, please go to Pregnant@work, an online resource center that provides tools and educational materials about accommodating pregnant women at work.
    • IMPORTANT NOTICE: Employers routinely trick employees to take longer leave periods beyond 12 weeks (federal FMLA) by promising them continued pay under the short term disability plan, typically six months.  HINT: The employee must come back a least one to two weeks before the leave period expires in order to remove doubt the employee is returning to her position.  However, if an employee does not come back before the expiration of 12 weeks (federal FMLA), their job is not protected. Employers will argue that the employee quit or their job was eliminated.  The same analysis applies to states with longer FMLA leave periods, i.e. Connecticut’s 16 week leave period.
    • What to do if you have been discriminated against based on pregnancy at work. If you believe you have been discriminated against at work, you should contact Mark P. Carey P.C. and file an internal complaint and a complaint with local, state and federal enforcement agencies (U.S. Equal Employment Opportunity Commission and U.S. Department of Justice).  If you preserve your rights while employed, you are also protected against retaliation by the employer- an easy claim to prove. Please contact our employment lawyers today at (203) 255-4150 to review your facts and determine if you have a claim. Mark P. Carey P.C. helps employees located throughout the country and Connecticut, New York and Manhattan, and Florida. Schedule your complimentary consultation today!

Read Article About Pregnancy Discrimination

  • Racial and National Origin Discrimination

    • State and Federal laws (Title VII and 42 U.S.C. Section 1981) prohibit race and/or national origin discrimination in the workplace. Employers are required to make all employment decisions, such as hiring, firing, promotion, transfer and compensation, based on neutral business related criteria and not based on race and/or national origin.  Both of the aforementioned statutes protect against discrimination, but Section 1981 provides for an unlimited amount of damages. These claims when asserted scare the pants off the employer due to the unlimited damages a jury can award.  Title VII maintains a cap of up to $300,000 on claims of discrimination in all protected areas.  We routinely assert Section 1981 claims along with Title VII claims.  The other key difference between the two statutes is Section 1981 does not require administrative exhaustion, i.e. file your administrative complaint with the EEOC, whereas Title VII does require you to file your charge of discrimination prior to filing a lawsuit.
    • What to do if you have been discriminated against based on race and/or national origin at work. If you believe you have been discriminated against at work, you should contact Mark P. Carey P.C. and file an internal complaint and a complaint with local, state and federal enforcement agencies (U.S. Equal Employment Opportunity Commission and U.S. Department of Justice).  If you preserve your rights while employed, you are also protected against retaliation by the employer- an easy claim to prove. Please contact our employment lawyers today at (203) 255-4150 to review your facts and determine if you have a claim. Mark P. Carey P.C. helps employees located throughout the country and Connecticut, New York and Manhattan, and Florida. Schedule your complimentary consultation today!

Read Article About Race Discrimination

Read Article About National Origin Discrimination

  • Family Medical Leave Act

Read Article About Family Medical Leave Act (FMLA)

  • Disability Discrimination (ADA, Rehabilitation Act)

Read Article About Disability Discrimination

  • Short & Long Term Disability (ERISA)

    • We Understand ERISA & Disability Claims, Appeals and Litigation!

      The firm provides representation to employees who are applying for short and long term disability benefits. Mark and his team of employment attorneys have successfully litigated against many major insurance carriers. Mark has litigated the following disabilities: Multiple Sclerosis (MS), Fibromyalgia (FM), Chronic Fatigue Syndrome (CFS), Cancer, Lou Gehrig’s Disease (ALS), Parkinson’s Disease, Alzheimer’s disease (early onset), Diabetes Mellitus, Multiple Chemical Sensitivity (MCS) and many more.

      How Are Disability Cases Fought?

      A majority of disability pension cases are fought and determined at the administrative level, i.e. with the carrier or plan administrator. Each client must have a solid case of supporting medical evidence and documentation. Mark routinely provides comprehensive and detailed analysis in each client administrative appeal. Each client is required to present the best legal and factual case if he/she is going to obtain short or long term benefits. Mark will work the client to obtain updated medical information from treating physicians and ensure the information is set to the disability plan for review. Often, Mark will advise the client to seek a second opinion from a notable medical specialist and even obtain new medical testing evaluation and data. Once the administrative record is properly prepared, a written administrative appeal will be filed with the insurance company or plan administrator. The Plan will have up to 90 days to provide a written response. If the Plan denies the claim, it must state the exact reasons for the denial and state what additional medical information is required in order to perfect the claim. Once the administrative phase of the case is exhausted, then and only then can the client file a law suit in the federal courts to obtain relief. The federal district court acts as an appeals court when reviewing the decision by the Plan and the Plan Administrator/Insurance Company. There are specific legal burdens of proof that must be argued in order to obtain relief. Mark is more than familiar with ERISA and has successfully advocated on behalf of many disabled clients.

      Contact Mark P. Carey P.C. For Your Disability Benefits

      If you are trying to decide whether to retain an attorney to represent you in your claim for disability benefits, please contact our employment attorneys at at (203) 255-4150 or reach Mark Carey directly at mcarey@capclaw.com. We help employees located in Connecticut, New York and Manhattan receive the short or long term disability benefits they deserve.

      Read Article: Long Term Disability Claims

      Read Article: How the ADA, FMLA and ERISA (STD/LTD) Interrelate 

Read Article About STD and LTD ERISA Disability Leave

  • Religious Discrimination

Read Article About Religious Discrimination

  • Free Speech Discrimination & Whistle Blowing

    • If you believe you have witnessed fraudulent behavior within your company and your company conducts business or interacts with the United States Government directly or indirectly, the following information will explain what you can do.

      What is the False Claims Act?

      The False Claims Act (FCA) is a federal statute that was enacted at the height of the Civil War in response to the disclosure of widespread fraud perpetrated against the Government. Since its inception, the FCA’ scheme has included qui tam suits, premised on the basic idea that a private citizen with personal knowledge of fraud may bring suit on the Government’s behalf in return for a cut of the proceeds should the suit prevail. To that end the FCA authorizes an individual to “bring a civil action for a violation of Section 3729 for the plaintiff, known as the qui tam ‘Relator’, and for the Government.” 31 U.S.C. § 3730(b)(1). The Government then has the option of either intervening in and prosecuting the action or allowing the Relator to proceed on his/her own pursuant to section 3730(b)(4)(B). The FCA imposes a six year statute of limitations on private rights of action. See 31 U.S.C. § 3731(b).

      How Can the FCA Help Me?

      Under the FCA, “any person” who: (1) knowingly presents, or causes to be presented, to an officer or employee of the United States Government… a false or fraudulent claim for payment or approval; (2) knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government; (3) conspires to defraud the Government by getting a false or fraudulent claim allowed or paid; may be liable to the Government for civil penalties and/or treble damages, and costs. 31 U.S.C. § 3729(a). For purposes of the FCA the term “person” can also mean a company or corporation. Examples include: overcharging for products sold to the government; overcharging for services provided to the government or billing and never providing services at all; contract fraud; defense contractor fraud; Medicare fraud; Medicaid fraud; or other public benefit fraud.

      The FCA also contains a cause of action for so called “reverse false claims,” where the person “knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the Government.” 31 U.S.C. § 3729(a)(7). Examples include: falsely certifying importation classification of products imported into the United States; hiding royalty payments owed to the Government; falsely certifying bulk mail licenses for one postage rate and using a lower rate to retain a profit.

      How Do I Blow The Whistle?

      The procedure for bringing a claim is somewhat rigid and complex. If you believe you are a witness to a FCA fraud, you need to have your case examined by an attorney. It is critical that you do not speak to anyone about the claim until you speak to me first. Once a FCA case is confirmed by me, a federal complaint is written and filed under seal (non-public filing and complaint kept in vault at the District Court) with the clerk of the United States District Court having the proper jurisdiction over the case. Then the complaint is served upon the Office of the United States Attorney. The U.S. Attorney will investigate the case and decide whether or not to intervene on the Relator’s behalf. If the U.S. Attorney believes the case has merit, the United States Government takes over the case and either enters into a settlement or litigates the case against the named defendant(s). The Relator whistle blower still retains his/her right to a portion of the proceeds in the Qui Tam fraud lawsuit which results in a successful settlement or judgment. The Government intervenes in approximately 30% of all cases filed. In the event the Government fails to intervene, it files a declination letter with the District Court and the complaint is unsealed and made public. In a successful settlement or judgment, the Relator obtains a percentage of the recovery, usually between 10%-33% of the treble damages recovered.

      Speak With Our Employment Attorneys Today

      The experienced employment attorneys at Mark P. Carey P.C. help employees like you located in Connecticut, Manhattan and New York blow the whistle on their companies. We will be with you every step of the way and we will help you fight for what is right. Call us today at (203) 255-4150

Read Article About Freedom of Speech in the Workplace

 

2. Wage & Hour Laws (Fair Labor Standards Act)

 

3. Breach of Contract Claims 

Employees and Executives are generally employed on an at-will basis, meaning either party can terminate the employment relationship at any time and with little or no notice. You can have an written at-will employment agreement, one with no specific duration, which identifies other provisions such as severance, job duties, salary, bonus, incentive compensation.

Every contract must have an offer and an acceptance, and the promise to performance and to pay for the performance is the consideration.

A breach will occur when one either the employee or employer commit a material breach of the agreement. Please note, minor breaches will not be enough to void the agreement. If you encounter a breach, you need to provide written notice to the other party and demand they perform according to the agreement. Only when the other party continues to remain in breach can the other party seek enforcement in Court or Arbitration.

Oral Contract Defined

4. Wrongful Termination & Wrongful Discharge

Employees often use the phrases “wrongful termination” and “wrongful discharge” when referring to their recent termination. However, these phrases do not accurately reflect the underlying legal issues in each case.  A termination is wrongful or illegal if the facts and circumstances demonstrate either a breach of contract (both oral and/or written), discrimination based on some protected classification (age, gender, sex, race, disability etc), and retaliation initiated and caused by the employer. Our firm would need to examine the client’s full factual narrative to understand whether or not the termination was “wrongful” or “illegal”.

If you are trying to decide whether to retain an attorney to represent you in your wrongful termination case, please contact our employment attorneys at at (203) 255-4150 or reach Mark Carey directly at mcarey@capclaw.com. We help employees located in Connecticut, New York and Manhattan receive the short or long term disability benefits they deserve.

5. Non-Compete and Non-Solicitation Agreement

Most executives and employees are familiar with covenants not to compete, nonsolicitation and confidentiality and their broad reach and control. Obtaining an understanding of a non-compete agreement, and other restrictive agreements, is a critical and essential. These agreements can have an adverse impact on the executive’s and employee’s ability to earn a living post employment with the previous employer. Failure to obtain a clear and concise understanding of these restrictive agreements can result in an extreme financial hardship, i.e. preemption of a lucrative employment contract or employment  following the departure from the previous employer.

Not all employers enforce restrictive covenant agreements. There are several reasons, first, it is too costly enforce. But when company revenue hangs in the balance, these covenants have been used to prevent further economic damage.

Why Sign a Restrictive Covenant Agreement?

Restrictive covenant agreements generally provide that the employee cannot solicit, acquire for individual use any confidential company information for a period of years (1 to 3 years being enforced as reasonable), within a specific geographic scope and without restricting an ex-employee’s ability to earn a living. It is the later element that usually sways the balance of equity in these cases. Special attention must given to the state laws in the jurisdiction of the agreements. Some states are more flexible in their approach to enforcing these restrictive covenants. Other states take a conservative approach that is more protective of business interests. In a few states like California, state statute prohibit the use of restrictive agreements as a matter of public policy. In any case, courts must balance the equitable and pecuniary interests of both parties.

Contact an Employment Attorney Today

If your new employer is requiring you sign a non-compete, non-solicitation or confidentiality agreement, contact our employment lawyers today at (203) 255-4150 to review your agreement and make recommendations. Mark P. Carey P.C. helps employees located in Connecticut, New York and Manhattan with restrictive covenant agreements and many other facets of employment law. Schedule your complimentary consultation today!

Read Article Analyzing Restrictive Covenants

 

6. Confidentiality and Trade Secrete Agreements

 

7. Pension & Retirement Benefits

 

Go to: “How to Start a Case and What to Expect”

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ABOUT
MARK P. CAREY, P.C.

Mark Carey52

Mark P. Carey, P.C. is an Employment Law and Executive Compensation law firm in Southport, Connecticut. Mark practices in the federal courts in Connecticut, New York (Albany Area, Westchester Area, Long Island and Manhattan) and throughout the country where necessary on a case by case basis.

71 Old Post Road, Suite One
Southport, Connecticut 06890-1301

Phone: (203) 255-4150
Fax: (203) 255-0380
Email: mcarey@capclaw.com